Legal Question in Real Estate Law in California

Financial Hardship

My condo HOA raised our assoc. fees in a closed meeting by 20% without advising the homeowers. they also implemented a 188.00 emergency fee each month for the next 11 or 12 months. I am on a limited income and cannot afford this without giving up mortgage, utility, bills,food and my monthly medications. they advised if myself and others in the same position do not pay this emergency fee they will place a lien on our condo and we will have to pay all fees connected with the lien.

Is there anything that we can do, do to our limited income

Thank you very much

for your time and trouble


Asked on 3/05/01, 9:02 pm

1 Answer from Attorneys
Keith E. Cooper Keith E. Cooper, Esq.

Re: Financial Hardship

It is impossible to answer your question with any specificity. A homeowners association sets its own rules of procedure and, generally, courts will uphold those rules. Your best course of action would be to consult with an attorney who can review your HOA documents and advise whether the action you described is permissible under its rules.

Keep in mind that the HOA directors are your elected representatives. If you feel they are not protecting your interests, perhaps they should not be re-elected. And it may be a good idea for a member of your group to run for election to make sure your interests are protected in the future.

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Answered on 5/10/01, 5:07 pm


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