In San Clemente, a community of condominium owners has found itself at odds with their homeowner's association (HOA) over a $26,000 emergency assessment for roof replacements. The unexpected financial burden has left many residents reeling, with concerns over the legality of the assessment and its impact on their livelihoods.
The Villa Moura condominium complex, consisting of 198 units, recently informed homeowners that each would be required to pay a $26,000 emergency assessment to fund new roofs. This decision has been met with skepticism and resistance, particularly from residents who argue that the repairs do not qualify as an emergency under state regulations.
"I will have to move. And this was my... I've worked very hard to make it so that I could be here," said Beverly Albright, an 81-year-old resident of the complex. For many residents, the assessment represents a significant financial strain, prompting concerns about how they will manage the payment.
The controversy has escalated, with homeowners taking legal action to challenge the assessment. They are pushing for the recall of HOA board members and filing a claim that alleges the board violated the law. "It didn't fit under the California Code of Regulations, 5610. Clearly, it was not an emergency; it's a deferred maintenance. And so, then we as members should have a vote on how we want to take care of the roofs," argued Noah Martin, a homeowner at Villa Moura.
Despite the ongoing legal dispute, the HOA board has threatened to place liens on properties if owners fail to comply with the assessment. "They're threatening, also, to put a lien on our property if we don't comply and we don't pay," said one resident during a homeowner's gathering.
For several years, residents claim the HOA board has been aware that repairs were needed to the tile roofs, suggesting that the emergency classification is unjustified. They argue that only the underlayment needs replacement, not the entire tiles, and they are pushing for competitive bidding to secure the best deals for repairs.
Attorney and HOA expert Michael Kushner, who is not involved in the dispute, has commented on the growing trend of large special assessments in HOA communities. He notes that homeowners generally must pay assessments even while challenging them, as California law does not recognize the right of offsets or the withholding of payment.
Homeowners at Villa Moura have been given three payment options: paying the full $26,000 assessment, splitting the amount into two payments, or increasing their monthly payment for six months followed by a lower monthly amount thereafter. The financial impact has left many residents uncertain about their ability to cover the cost, especially those who are retired or have limited financial resources.
The HOA board has remained silent on the issue, citing ongoing legal matters. In the meantime, residents are exploring the possibility of filing a lawsuit against the board. Experts advise homeowners living in HOA communities to consider loss assessment coverage as part of their insurance policies, which can help mitigate the financial risks associated with HOA assessments.
The situation in San Clemente highlights the complexities and potential conflicts that can arise within HOA communities. As more communities grapple with the financial implications of necessary repairs and upgrades, the balance between the responsibilities of the HOA board and the rights of homeowners will likely remain a contentious issue.
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