What are legal options in real estate when looking at assessments?

Question

I own a condo in a large complex-36 buildings, 12 units in each-and the condo association sent us a notice 2 weeks ago that they are collecting roughly $1000 from each unit to repair a hillside behind one building. The estimate is $400,000 to repair it. However, we were not notified of the meeting to decide to accept this repair bid, and we are not being given 12 months to prepare for such a large cost. If we do not pay this by February, the property management group will be putting a lean on each unpaid unit with 8% interest. What are my options in disputing this? The managment group is dancing around the issue and the condo association manager is also not returning calls. Any help would be appreciated.

Answer 1

If you're in California, condos and their associations are regulated by the Davis-Stirling Act. See this website for additional information:
http://davis-stirling.com/

And also this website:
http://www.californiacondoguru.com/mainpage.html

This sounds like an emergency assessment. See this site:
http://www.communityassociations.net/cacondoguru/archives/2006/06/assessment_incr_1.html

Look in California Civil Code Section 1351 et seq.

Now, if you're in another state, please let us know and we can probably find the law in that state about this.

Answer 2

Condo boards and homeowner's associations both have the power to do these types of things. In general they don't take such actions lightly and there is usually communication with the residents ahead of time.

You most likely signed an agreement when you bought your condo that you were subject to these rules and therefore legally, probably don't have much ground to stand on. It does sound sudden and expensive, but you have to review your agreement to see what they can and can't do.

good luck!