Legal Question in Real Estate Law in California

condo HOA's

are special assessments enforcable in a H.O.A. when there's obvious neglect by the B.O.D. i.e. heating a pool and jacuzzi at 2,000 per month when there's not enough income too pay the regular monthly bills

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Asked on 3/09/09, 8:38 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: condo HOA's

It would take judicial intervention to invalidate the decisions of a Board of Directors. There is a requirement now that if you have a dispute with your HOA, they must agree to submit to alternative dispute resolution, but something like this is probably not going to get settled through that process. The decisions of a Board are generally protected by law in that unless they are grossly mismanaging the HOA, their decisions will be upheld by a reviewing court. As a general rule, check to see that the special assessment levied complies with your governing documents, as well as the Davis-Sterling Act requirements in terms of amount, vote of membership (if over a certain amount) and other procedural requirements. This is the sort of matter where you will probably want to consult with an attorney to go over the facts and decide if pursuing this is worth your time and money.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 3/09/09, 12:53 pm


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