Military Delinquencies
Adams Stirling PLC
Menu

MILITARY DELINQUENCIES

Soldiers’ and Sailors’ Civil Relief Act. The Act protects active duty military 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.

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.

Adams Stirling PLC