Legal Question in Real Estate Law in California
homeowners association assessment that i feel is unfair because there are other people in the complex that have not been assessed for the same thing.
2 Answers from Attorneys
Assessments can differ, or affect limited number of members, in a variety of circumstances. I have seen differences based upon number of adult occupants, being on the golf course or not, whether the roof is slate or cedar shakes, where the fences need repair, which houses the new water pressure booster pump will benefit, and so on. Your starting point is to inquire whether the supposed unfairness may in fact have some logical basis.
Even if the imposition of the assessment is unequal without good reason, you still do owe it . You can go to your board of Directors or Manager and ask for some reduction because others do not have to pay, but unless you can argue you relied upon the non enforcement of the assessment in doing the act that caused the assessment or that you are being singled out for some discriminatory reason, you do not really have much of an argument.