Notwithstanding any provision of law to the contrary, the sale of a separate interest in a common interest development is subject to the right of redemption within 90 days after the sale if the sale arises from a foreclosure by the association of a common interest development pursuant to Sections 5700, 5710, and 5735 of the Civil Code, subject to the conditions of Sections 5705, 5715, and 5720 of the Civil Code.
§ 729.035.Sale of Separate Interest In Common Interest Development Subject to Redemption
Title 10. Actions In Particular Cases · Chapter 1. Actions for the Foreclosure of Mortgages · Last amended 2014 · Last verified July 28, 2026
In one sentenceSection 729.035 gives a homeowner ninety days to redeem a separate interest in a common interest development sold to satisfy a homeowners' association assessment lien foreclosure, overriding any contrary rule and subject to the association foreclosure conditions found in the Civil Code.
Full Text of § 729.035
Plain-English Summary
Association assessment liens are foreclosed differently than ordinary mortgages, and this section supplies the matching redemption rule. It gives the owner of a separate interest in a common interest development ninety days after the sale to redeem, when the sale results from a homeowners' association foreclosing its assessment lien under Civil Code §§ 5700, 5710, and 5735.
That ninety-day window overrides any other rule to the contrary, but it operates alongside the conditions those same Civil Code sections impose on association foreclosures — including the notice and pre-foreclosure requirements of Civil Code §§ 5705, 5715, and 5720.
Frequently Asked Questions
How long does an owner have to redeem after an HOA assessment lien foreclosure?
Ninety days after the sale, under § 729.035.
Does this ninety-day period apply to every kind of foreclosure sale?
No. It applies specifically to sales arising from an association's foreclosure of an assessment lien on a separate interest in a common interest development under Civil Code §§ 5700, 5710, and 5735.
Are there other conditions on an HOA foreclosure besides the redemption period?
Yes. Civil Code §§ 5705, 5715, and 5720 impose their own conditions on the association's foreclosure that apply alongside this redemption right.
Amendment History
Amended by Stats 2012 ch 181 (AB 806),s 46, eff. 1/1/2013, op. 1/1/2014. Added by Stats 2005 ch 452 (SB 137),s 8, eff. 1/1/2006.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: hoa foreclosure redemption period californiacommon interest development lien foreclosure redemption