Legal Question in Real Estate Law in California

Re: Condo Eergency Assesment Fees

Not knowing all the circumstances or the character of the emergency, the best answer I can give you is to refer you to the governing statute, then add a few general principles.

Condominiums are covered by the "Common Interest Developments" section of the Civil Code, sections 1351 through 1376 (as well as other laws of more general application including the common law of real property and contracts).

Section 1366 covers "levy of assessments." In general, the association can levy an assessment as necessary to cover the cost of repairs and the like that it is obligated to make or do. This obligation can arise out of the governing documents of the condominium or from a general legal obligation to keep the premises safe and up to code.

You should review the declaration or condominium plan and bylaws governing your development to see what they say, then compare the applicable provisions with Civil Code section 1366, which you can obtain at your county law library (often located in the courthouse). Many general public libraries also have the code books.

I can't say whether the expenditure being assessed to the owners was necessary or fair or legal. However, I think that if a large expenditure was proper, spreading it's burden over many months might be a darn good idea.

You should also confer with other owners and with the manager and/or board to get their slant on it. If after all this, you (and perhaps other owners) feel something is awry, by all means see a real-estate lawyer in your county.