Legal Question in Real Estate Law in California
HOA fees
I own a condo in California. The HOA
fees are $300 a month. Since I
moved in, 9 months ago, i realized
many of the services that I was told
were to be included in my Hoa fees
have not been taken care of or
unsatifactory. I had also asked
many times to be given a copy of the
accounting showing exactly where
this money is going. I was never
given such paper work which I am
lawfully entilted to. I have made
requests that have not been fullfilled.
I started to withhold my HOA fees for
2 months because of this. I was just
contacted by a ''lawyer'' whom I
believe to be a collection agency.
They said that if I do not not pay the
back fees plus late fees and a
collection charge that they will start
proceedings for a foreclosure of my
property. I want to know if this
action is lawful and what if any are
my rights as the homeowner.
3 Answers from Attorneys
Re: HOA fees
It is against the law to withhold payment of your dues just because you are disatisfied with the level of service your HOA is providing. If you do not pay they can and will foreclose on your unit.
Re: HOA fees
This is a situation of multiple contracts and what the remedies are for their breach. You signed a contract wtih the HOA to pay a monthly fee; that agreement provides that if you fail to do so the HOA without need of court approval can foreclose on your unit. You would be required to initiate a court action to show why the HOA should be prevented from doing so.
The HOA contracted with you that if you paid the monthly fee it would do certain services. No where in that contract does it say what happens if they do not provide the services. So the only remedy impliedly agreed to the by the parties is for the injured one, you, to file suit in ciourt to prove that you shoulld be reimbursed for your damages. Absent a court order, the HOA has not agreed to pay your anything for your damages. But you agreed to pay them in the contract as to HOA dues.
So what they are doing is within the law. Pay the back charges, try to organize the other homeowners, run for the Board at the next elections, attend Board meetings to calming bring up what is wrong.
Re: HOA fees
The comprehensive answer by Mr. Shers is superb (in my opinion).
If you read any of my dozen or so previous answers (regarding HOA's), you will find that I compare HOA's to totalitarian countries.
They have their own laws, own set of rules, and they are perfectly legal. They function as separate nations, and separate police forces, the same as most Native American reservations are self-governed. (Maybe HOA casinos will dot our California landscape for our children and grandchildren in the coming decades).
Reread Mr. Shers' answer, and fight this one from the inside, or you will be the defendant in a foreclosure.
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