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Building the policyLesson 3 of 26

Academy/Collections & Delinquencies

Interest

What actually caps the interest rate your association can charge on a delinquent assessment, and when the clock is allowed to start.

Most states cap the interest an association can charge on a delinquent assessment and set when it starts accruing, often a fixed number of days after the assessment is due. California caps interest at 12% a year, starting 30 days after the due date, unless the declaration sets a lower rate. Your state and declaration set the real numbers.

01

Two numbers, set by your state

Most states that regulate association collections cap two separate things about interest on a delinquent assessment: the rate, and the date it starts accruing. Both numbers vary by state, and by what your declaration says. California's statute is a useful illustration of the pattern, not a national number.

"an annual interest rate not to exceed 12 percent, commencing 30 days after the assessment becomes due"

Source: California Civil Code § 5650, California Legislature, via FindLaw

02

The statute is a ceiling, not a target

A state interest cap sets the most an association may charge, not what it must charge. Many statutes let the declaration set a lower rate instead, and the lower number is the one that controls. It does not work the other way: a board cannot vote to charge more than the statutory cap, and a declaration provision that tries to authorize a higher rate does not override the statute.

Before adopting an interest rate as policy, confirm what your own declaration says and what your state statute allows, then write down a rate the board actually enforces the same way every time. See Building a collection policy and Consistency in collections.

03

Interest is not a late fee, and it is not the whole balance

Interest and a late fee are different charges: a late fee is typically a one-time amount for being late, while interest accrues over time on the unpaid balance. Where a state also controls how an owner's payment gets applied, to the assessment itself first, or to interest and fees first, that order is often set by statute rather than left to the board. Read Late fees and Applying owner payments for how those pieces fit together with interest.

Check yourself

Answer before you read the explanation, recalling it is what makes it stick.

Your state caps assessment interest at 12% annually, starting 30 days after the due date. The board wants to start charging interest the day payment is late. What happens?

The declaration sets interest at 8% a year. The state statute caps interest at 12% a year. Which rate can the board actually charge?

An assessment becomes due on the 1st. The declaration says nothing about interest, and the state statute mirrors California's rule. When can interest first begin accruing?

Sources

Collections & Delinquencies

Next, see how late fees work alongside interest, and how to fold both into a written collection policy your board actually follows.

Interest rates, when the interest clock starts, and whether your declaration can set a lower rate than the statute all vary by state and by your governing documents.