California | Real Estate Law
Legal Question
Condo Special Assessment
I live in an eight unit, two building condo. Each unit has a private rooftop patio, separated by fences. When I bought my condo, my roof area was guaranteed by the previous owner - the HOA was not involved in the upkeep.
Likewise, within the past year, when the owner of a unit in the East building mentioned she had a leak, she was told she was responsible for it.
However, this past winter the HOA president, co-Treasurer and secretary experienced leaks - the worst being the President's condo and they are now trying to push through a $10,000 assessment to fix those leaks affecting their units.(Our association is called the Murietta HOA) They are in the West bulding. I have my own roof warranty but am told I have no choice but to cough up the cash to fix their building. It's particularly galling because it is not a coomon area. Also, they are including interior damage in the assessment.
Even if it put to a vote - and right now it looks as if it will pass 5-3, do I have any recourse? Short of filing Chapter 13 to give myself several years to pay off the assessment, is there anyway to stop it as I don't have 10,000 and don't want to lose my condo to foreclosure?
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