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Can my HOA just raise my fee again?

 
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  • Answered by:Attorney2
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Customer Question

Can my HOA just raise my fee again? When I looked at my condo in April 2012 the HOA fee was $380, and when I closed the deal it has gone to $395. Now I got the payment slip from them asking me to pay $401 starting in July..I'm wondering if this is reasonable at all. There has been no notice regarding the raise, wasn't even mentioned in the ByLaw or other docs saying how the process of fee raise should go. I haven't even physically living in my condo for a month and there has been 2 fee raise already, is there a way I can stop this? (I can understand raise/adjustment once per year, but this doesn't feel right!!)

 

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State/Country relating to question: California

Submitted: 301 days and 16 hours ago.
Category: Real Estate Law
Value: $29
Status: CLOSED

Accepted Answer

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Expert:  Attorney2 replied 301 days and 16 hours ago.


Attorney2 :

They can raise them up to 20% per year without membership approval. California Civil Code §1366(b).

Attorney2 :

They can also levy special assessments on top of your dues.

Customer :

so meaning this is just legal and I can do nothing about it?

Expert TypeAttorney
Category: Real Estate Law
Pos. Feedback: 93.1 %
Accepts: 900
Answered: 6/26/2012

Experience: 25 Years in General Practice, Real Estate Law and Estate Law

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Expert:  Attorney2 replied 301 days and 6 hours ago.

They need to stay within the parameters set by law. Otherwise they can raise the dues and add special assessments. HOA's are very risky as far as stable pricing of dues. You know your monthly mortgage payments, taxes and insurance, but the Association dues are ever rising. Until recently the States set no caps on these fees and members had ever rising dues. Even attending meetings can be futile. Having the power to effect change can be very helpful so if you have the time consider running for a position on the Board.

 

Good Luck.

Attorney241086.6881722222

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Expert:  Attorney2 replied 300 days and 4 hours ago.

Thank you.

 
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