When property is sold through the association's foreclosure, buyers take ownership subject to a 90-day right of redemption. The redemption period
allows the foreclosed owner to "redeem" the property by paying the
delinquent amounts plus any collection fees and costs.
Code Civ. Proc. §729.035,
Civil
Code §1367.4(c)(4).
Holding Period. Because title does not transfer until after the 90-day redemption period, the trustee records a "certificate of sale," which gives notice of the buyer's right to the property but does not transfer ownership. As a result, the buyer (whether it be the association or a third party) cannot evict the owner from the property during the redemption period.
Right to Rent. If at the
foreclosure sale the association is the buyer of the property, it has
the right to collect rents and profits from the person in possession
. Code Civ. Proc. §729.090.
Right to Evict. After the 90 days, the trustee records title in the buyer's name, thereby transferring ownership and possession rights to the buyer. Once that happens, the new owner can file an unlawful detainer action to evict the foreclosed owner from the property.
Repair Costs. Associations can include in the redemption price expenses for maintenance
and repair work on the unit which were reasonably necessary for the preservation of the property.
Barry v. OC Residential Properties.