Legal Question in Real Estate Law in California
In a collection action based on delinquent assessments-may an owner assert a viable defense by arguing that the association waived its right to collect by waiting 2 years from the date of the first delinquent assessment? (riverside co)
1 Answer from Attorneys
This would be the defense of "laches," which although equitable in nature can also be asserted in matters that are strictly legal, rather than equitable, in nature -- such as a collections case. The trouble is, we have a four-year statute of limitations for suits based on written agreements. The court will find it hard to give you relief based on laches when the Legislature has already said that written contract suits are OK up to four years after the breach. Worth a try, for sure, but I'd doubt its viability.
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