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HUNTINGTON CONTINENTAL TOWN HOUSE ASS'N, INC. v. MINER

Case No. 2013-00623099.

222 Cal.App.4th Supp. 13 (2014)

HUNTINGTON CONTINENTAL TOWN HOUSE ASSOCIATION, INC., Plaintiff and Respondent, v. JOSEPH A. MINER, Individually and as Trustee, etc., et al., Defendants and Appellants.

Appellate Department, Superior Court, Orange County.

January 13, 2014.

Attorney(s) appearing for the Case

Sam Walker for Defendants and Appellants.

Feldsott & Lee, Jacqueline Pagano and Martin L. Lee for Plaintiff and Respondent.

OPINION

GRIFFIN, P.J. —

This case presents an issue on which this court has found little published authority: whether a homeowners association must accept and apply partial payments that reduce delinquent assessments owed but not any other amounts due, such as late fees, interest, and attorney's fees and costs. We conclude the Davis-Stirling Common Interest Development Act (the Act; Civ. Code § 4000 et seq.) compels a homeowners...

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