Soldiers’ and Sailors’ Civil Relief Act
. The Act protects active duty
personnel and their dependents. It was updated in 2003 and renamed the Servicemembers Civil Relief Act
(50 U.S.C. App §501, et seq
and Cal. Mil & Vet. Code §400, et seq).
The Act provides that foreclosure on a delinquent assessment is invalid if executed while the delinquent owner is in the military or within 90 days thereafter. Associations may, however, record a lien
against the delinquent owner's unit. They cannot, however, initiate foreclosure
on the owner's unit without court approval.
Penalties for Violation of Act
. Associations that violate the protections afforded to military personnel can be fined up to $200,000. Representatives of the association can be fined up to $100,00 and face jail time of up to one year.
: Associations needing legal assistance can contact us
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