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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10221
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I live in a condo. Couple years ago are condo got up when

Customer Question

I live in a condo . Couple years ago are condo got up when someone dicide we need a new roofs , in the middle of the roof project condo association start sending letters that owners have to come up with 12 000 each. . Now they sending me crazy bills . Is this LEGAL what'd hey did to us???
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 7 months ago.

Dear Customer,

This sounds like a "special assessment" and yes it can be a valid bill/invoice. If you fail to pay a special assessment, the Association can place a lien against your home, as well as sue you for a personal judgment (just as they can enforce a regular assessment).

You can investigate the way in which this special assessment was passed to see if there were any procedural errors (did the Board not properly publish the meeting at which they decided to pass the special assessment? Was there any failure to notify owners of the special assessment?), but short of a procedural error, the assessment is probably enforceable, and special assessments for roofing projects are very common (especially if your reserves are underfunded).

You can request copies of your Association's accounting and meeting minutes, etc. (all records associated with reserve funding, the roofing project, and accountings) to investigate this matter further as part of your right to inspect.

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