Legal Question in Real Estate Law in California

HOA's are legally allowed to set dues charges. Maintainance of common areas, such as the club house, pools, streets, plantings benefit the fair market value of undeveloped lots as well as fully built up lots. Also, when you bought the lot you agreed to abide by the CC&R's which should have a provision for monthly fees in them. A certain degree of unfairness would be allowed but not a gross degree, but who is to decide what difference is grossly unfair? You can try to raise the issue before the Board of Directors but in these hard economic times they are not likely to willingly reduce the Association's income. If they imposed the fees without following their own rules, then you might get them to back down.

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