Legal Question in Real Estate Law in California

HOA Assessment

In 2003, our HOA voted whether or not to pay for the roof repair of three units complaining of leaks. Precedence had always been each owner took care of own roof because of non-common area wooden decks built on sleepers on roof. When I moved in in 1992, I was given roof warranty not by HOA but through the previous owener. But that changed when it was the then President of the HOA who decided everyone should pay for repair of his roof and that of his neighbor. But the resolution did not pass. It was a 4-4 tie and as per CC&Rs a majority is needed for resolutions to pass.

Three resident of the West building (there are 2 building with 4 units each) had the work done anyway and initiated legal action against HOA. Even though no official lawsuit has been filed to my knowledge, the threat was enough for the current President - without a vote - to bill me for a $3000 special assessment to pay for the work that was done, despite the fact the resolution did not pass in the first place.

Last night, The Pres/VP and Secretary resigned. I have already been hit with an $800 assessment last month for leak testing, even though my roof doesn't leak as I have my own warranty. Now this.

Do I have any recourse?


Asked on 7/28/04, 7:08 pm

2 Answers from Attorneys
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: HOA Assessment

Yes, I specialize in this area. You need to demand ADR, but the service requirements are very tricky. You will need an attorney, you may contact me.

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Answered on 7/28/04, 11:16 pm
Larry Rothman Larry Rothman & Associates

Re: HOA Assessment

Please contact my office at 714 363 0220 to set up an appointment. I would like to review your written documentation including any letters. We can review your documentation by fax and speak with you by phone. Our firm represents about 600 associations so we would have to know the name of your association to make sure we do not have a conflict of interest. We may also need to see your C.C.& R's and By-Laws.

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Answered on 7/31/04, 2:13 pm


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