Which statement about extra-judicial remedies is true?

• A. Foreclosure is an extra-judicial remedy.
• B. Extra-judicial remedies require court involvement.
• C. Extra-judicial remedies are outside the courts and must be provided for in a state statute, the governing documents, or a formal resolution of the board.
• D. Extra-judicial remedies can be used at any time without formal authorization.

Answer: (C)

Extra-judicial remedies are actions a community association can take to enforce rules without going to court. They are only valid when the authority to use them is provided for in state statute, the governing documents (CC&Rs, bylaws, rules), or a formal board resolution. This requirement ensures enforcement is authorized and consistent with due process, not something the board can do at will. Foreclosure and other penalties aren’t automatically outside the courts; they must be grounded in the applicable statute or governing documents and adopted through proper board action.