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Collections - Statute of Limitations
Boards cannot delay indefinitely taking action to secure and collect delinquent assessments. The statute of limitations for collecting unpaid assessments is four years under a breach of contract cause of action. Code Civ. Proc. §337. At best, a court may allow a five-year cutoff as a breach of an equitable servitude.

To fulfill their duties as directors, boards should be diligent in the collection of delinquent assessments.

Adams Kessler PLC
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