Legal Question in Real Estate Law in California
HOA Assessments not to code
Several months ago we incurred an assessment for roof repair. At the time a vote was taken but the outcome was not mentioned in the Minutes. We have now received a hand written notice taped to our doors that informs us that ''The Board'' (her and her mom and one other very passive homeowner) have decided that we all have to come out of pocket with an additional amount of money for the roof (the repair has already started). It has been over a year since we received any financials so we have no idea where and how our money is being spent. I know for a fact that the Treasurer is taking money illegally for her own benefit and to repair her mother's investment property. Is there a code or law that states how assessments are to be assessed? Also, her mom's unit had a deck that was enclosed to become part of her unit several years ago. It is a lower level deck and I doubt a building permit was pulled on it. I see that this is also being re-roofed and don't feel it is part of ''the roof'' and should be an expense to the homeowner. What are the rules on re-roofing bootlegged additions? I have yet to receive any bids on the roof repair or any information as to why we need a new roof. Thank you very much.
3 Answers from Attorneys
Re: HOA Assessments not to code
Under the facts given, you may want to focus primarily on the main issues (i.e. fraudulent conversion, embezzlement, intentional misappropriation of community funds, etc..) in order to keep your issues more concise, and perhaps keeping your issues regarding the actual roofing repairs more secondary or collateral. Here, if you have well established, substantial proof of your claims against the mother-daughter "board" tandem, then this is where you want to focus your primary attention in holding them accountable for damages actually and proximately caused by their illegal conduct. A court ordered accounting of the misappropriated funds is an excellent starting point in the remedy process, if other private means cannot be taken first. If you would like further, prompt assistance in this matter, contact us directly for a free consultation.
Re: HOA Assessments not to code
It sounds like you may have a good case against the Assocaition. Are you on the Board of Directors? I would have to review your governing documents as well as any documentation you have concerning your claims. Please call me.
Re: HOA Assessments not to code
There are laws that govern how HOAs make assessments, in addition to the CC&Rs. Additionally, you may need help in forcing the "Board" to disclose the financial records of the condo development and perform an audit. The laws are varied and complex, but you do have many avenues for relief. Any assessment must reasonable and the vote must be valid. That means a quorum must be established. There are other procedural conditions that must be met in order for the assessment to be valid. You should consult a lawyer. I have experience in dealing with HOAs. If you'd like, I will give you a free consultaion. Good luck.
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