Legal Question in Real Estate Law in California

We own a rental in San Francisco. The HOA recently met (we were not in attendance) and decided to start a fund for a future plumbing project for the building. The woman's Husband that runs the HOA is a plumber and the entire idea was hers. She convinced the group that every unit needed to immediately hand over $2000 for the future plumbing fund. She did not provide a date for the work, and there is no plan at all in place. No bid, no quotes nothing at all. Just an idea that in the future, perhaps someday we will do some plumbing work and we must hand over $2000 immediately. The need for this plumbing work has not even been established. We told them via email that we needed to see a plan and would not contribute until there was a plan in place and a date set for the work. They demanded the money be contributed immediately. We refused. They just sent us an email demanding a penalty of $100 for the month because we did not yet hand over $2000 for this mystery plumbing fund. Is this legal?


Asked on 1/31/12, 6:49 pm

1 Answer from Attorneys

There is no way to tell without reviewing your CC&R's and how the assessment was passed. You cannot, however, refuse to pay into a lawfully passed special assessment. So you need to have an attorney look at the details and determine whether the assessment was lawfully passed.

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Answered on 1/31/12, 7:24 pm


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