Legal Question in Real Estate Law in California
Monthly Homeowner's dues
I live in a condominium building made up of 1 and 2 bedroom units. We all pay the same monthly homeowners dues. Is there a law or statute that requires homeowner's associations to assess monthly dues according to the size or value of each ''unit'' in a condominium building or complex? It seems awfully unfair that 1 bedroom units are assessed the same dues as more valuable 2 bedroom units. Our CC & R's state that the dues will be divided equally, but I know of no other ''building or complex'' that does this. Everyone I know that lives in condos are assessed monthly dues according to the size or value of their unit.
1 Answer from Attorneys
Re: Monthly Homeowner's dues
A basic search of California statutes and cases did not turn up any law or decision suggesting that HOA assessments must be on an ad valorem or per square foot basis rather than on a per capita or per parcel basis. Therefore, I believe no law or policy requires condominium declarations and bylaws to specify that assessments shall be on an ad valorem basis.
In other words, organizers and buyers of condominiums and other common interest developments are free to contract for levy of assessments on any principle or theory. I suppose inadequate disclosure or total irrationality of an assessment scheme could be basis for attacking the contract in court, but I don't think the situation you've described is contrary to law.
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