HOA assessment not fairly split up

[steven marquez]

i live in california.
hi, i just moved in my first home/condo at the beginning of the year. one of the main attractions to this place was the low HOA fees, in my price range (under $200k) many condos were selling at similar selling prices, but their hoa fees varied from $100 to well over $500 depending on the area and amenities. i settled on a less desirable location and less amenities in exchange for a lower hoa fees ($154). just recently there was a vote taken raising a special assessment of $150 per unit for the next 5 years. it was passed by 4 to 3 (8 units, 1 owner did not vote since he may be going into foreclosure or short selling and figured it did not matter to him what happens after) of the 8 units, i am one of two units that are 1br 1 ba 500sqft, all the other are 2br 2ba 700-830sqft units. as i have found the 2br units are paying $185 (the other 1br is paying $154 the same as i). my question is this, (#1)is it legal to increase my rate the same amount as the larger units? and if the answer is yes since the board voted and CC&R's says that is the rule. (#2) how do i make the point the larger units are paying more regular assessment fees for a reason and they should also pay more for the special assessment. (#3) how can the minority vote (the smaller and lesser 1br's) have a fair chance. it is hard to convince or win votes from the larger units. asking them to pay more so i can pay less is always a losing battle. what course of action should i take? thanks for any help in advance

 

[justalayman]

what was the special assessment for?

 

[mulderlx]

Hi,

Special Assessments are work that needs to be payed for that was not included in the "initial" operating budget which covers the common elements of the association property. They have to state what the special assessment is for (eg. repave the sidewalks). Everyone pays the special assessments equally as stated in the HOA bylaws.

They cannot vote for a special assessment if it is only to add to the monthly association dues for no other apparent reason. If this is true, then you have a case and your option is to voice your concern about the infraction that they have made. If they ignore you, your only option would be lawsuit (ironically if you win, then you'd still have to pay equal fees for the HOA court loss (take off your court earnings leaving you with what's left)).

 

[FlyingRon]

What's legal is what the HOA documents (bylaws, etc...) say the association can do. It's quite common for the assessments to be flat rated across all the units regardless of the number of bedrooms. Costs aren't necessarily apportioned by the square foot.