Legal Question in Real Estate Law in California

Hoa management co. / board of directors assessment

Our CC&R's indicate a 10% assessment increase of the current dues is allowable. Our board raised our dues by 20% without a majority vote.

I have been told by the management company that Davis Stirling superseeds our CC&R's which indicate 10% unless a court order, emerengency, or in a case of excessive maintance/repair with a majority vote.

Is this correct?

Regards,

--name removed--LaF


Asked on 7/14/09, 6:54 pm

1 Answer from Attorneys
David Gibbs The Gibbs Law Firm, APC

Re: Hoa management co. / board of directors assessment

Actually, California Civil Code �1366(b) [part of the Davis Stirling Act] starts by stating that,

"Notwithstanding more restrictive limitations place on the Board by the governing documents, the board of directors may not impose a regular assessment that is more than 20 percent greater than . . ."

That is, however, conditioned upon their having complied with �1365 with respect to having adopted a budget. Sorry to say they are correct.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 7/14/09, 7:31 pm


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