Legal Question in Real Estate Law in California

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?


Asked on 8/17/03, 8:19 pm

4 Answers from Attorneys
Larry Rothman Larry Rothman & Associates

Re: Condo Special Assessment

Everything including your liablity depends upon the documents. You may be able to fight the association. Please contact our office for review of your documentation, association documents, and consultation. See our web site.

Read more
Answered on 9/03/03, 11:01 am
Robert Mccoy Law Office Of Robert McCoy

Re: Condo Special Assessment

In order to answer this question, I would need to review the CC&R's.

Read more
Answered on 8/18/03, 12:14 pm
Frederick Choi Law Offices of Frederick H. Choi

Re: Condo Special Assessment

Depending on the HOA CC&R's you may recourse, especially since it looks like the HOA had already established a prior pattern of requiring the individuals to maintain roof insurance. If you are interested in further consultation, please feel free to contact our office.

Read more
Answered on 8/18/03, 12:52 pm
Dieter Zacher Law Offices of Dieter Zacher

Re: Condo Special Assessment

It really depends on what the CC&Rs state. If this is an illegal assesment, then, you shouldn't have to pay and can file an action against the HOA. We can review the documents for you if you desire. Please contact us. Thanks for inquiring.

Read more
Answered on 8/20/03, 2:51 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in California