HOA assessment lien recorded in error: record release or rescission and give owner a declaration of error within 21 calendar days
21 days after date it was determined that the lien was recorded in error, under Cal. Civ. Code 5685(b).
Rule text
(b) If it is determined that a lien previously recorded against the separate interest was recorded in error, the party who recorded the lien shall, within 21 calendar days, record or cause to be recorded in the office of the county recorder in which the notice of delinquent assessment is recorded a lien release or notice of rescission and provide the owner of the separate interest with a declaration that the lien filing or recording was in error and a copy of the lien release or notice of rescission.
Calculate this deadline
Deadline
Monday, November 30, 2026
- Trigger (Date it was determined that the lien was recorded in error): Friday, November 6, 2026.
- Exclude the trigger day and count 21 calendar days: Friday, November 27, 2026.
- That day is a Day after Thanksgiving, so the deadline moves to the next court day: Monday, November 30, 2026 (Cal. Code Civ. Proc. 12, 12a, 12b; Cal. Gov. Code 6800, 6707 (state agency filings); Fed. R. Civ. P. 6(a) (federal statutes and federal court filings)).
Rules applied
Cal. Civ. Code 5685(b)
(b) If it is determined that a lien previously recorded against the separate interest was recorded in error, the party who recorded the lien shall, within 21 calendar days, record or cause to be recorded in the office of the county recorder in which the notice of delinquent assessment is recorded a lien release or notice of rescission and provide the owner of the separate interest with a declaration that the lien filing or recording was in error and a copy of the lien release or notice of rescission.Official source
Cal. Code Civ. Proc. 12, 12a, 12b; Cal. Gov. Code 6800, 6707 (state agency filings); Fed. R. Civ. P. 6(a) (federal statutes and federal court filings)
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays." Gov. Code 6707: "When the last day for filing any instrument or other document with a state agency falls upon a Saturday or holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed." FRCP 6(a): "The following rules apply in computing any time period specified in these rules, in any local rule or court order, or in any statute that does not specify a method of computing time. (1) ... (A) exclude the day of the event that triggers the period; (B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and (C) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."Official source
- The statute does not say from what event the 21 days runs; the date of the determination of error is assumed. Association must also reverse charges and pay related dispute-resolution costs (5685(c)). Davis-Stirling Common Interest Development Act; section added by Stats. 2012, ch. 180 (AB 805), operative Jan. 1, 2014 (no later amendment shown on leginfo as of 2026-10-27).
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Date it was determined that the lien was recorded in error on Monday, March 15, 2027, personal service: due Monday, April 5, 2027.
- Trigger (Date it was determined that the lien was recorded in error): Monday, March 15, 2027.
- Exclude the trigger day and count 21 calendar days: Monday, April 5, 2027.
Notes
The statute does not say from what event the 21 days runs; the date of the determination of error is assumed. Association must also reverse charges and pay related dispute-resolution costs (5685(c)). Davis-Stirling Common Interest Development Act; section added by Stats. 2012, ch. 180 (AB 805), operative Jan. 1, 2014 (no later amendment shown on leginfo as of 2026-10-27).
Related deadlines
- HOA assessment becomes delinquent 15 days after it is due (unless the declaration provides a longer period) (15 days after)
- HOA delinquent assessment: interest (max 12 percent) may run commencing 30 days after the assessment became due (30 days after)
- HOA assessment lien: earliest date to record the notice of delinquent assessment, 30 days after the certified-mail pre-lien notice (30 days after)
- HOA assessment collection: owner mails written request to meet with board about a payment plan within 15 days of the postmark of the pre-lien notice (to trigger the 45-day meeting requirement) (15 days after)
- HOA assessment collection: board meets with owner in executive session within 45 days of the postmark of a timely payment-plan request (45 days after)
- HOA assessment lien: mail copy of recorded notice of delinquent assessment by certified mail to every owner no later than 10 calendar days after recordation (10 days after)
- HOA assessment lien: may be enforced (judicial or trustee sale) only after expiration of 30 days following recording of the lien (30 days after)
- HOA foreclosure: board vote approving foreclosure of the assessment lien must take place at least 30 days before any public sale (30 days before)
Rules current as of 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.