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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118255
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Our HOA board just sent a notice dated nov 1st that included

Customer Question

Our HOA board just sent a notice dated nov 1st that included an increase in fees backdated four months, due immediately. Also, notice stated that the board only voted on this & decided for increase as of oct meeting. So our bill which was $264 last month is immediately due of $388 (increase + back dues increase). (I have photos of notice if you need them) Is this legal? Thanks!
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
It is legal under CA law only if they provide 30 days advance notice of the increase, but you also need to review the HOA bylaws, because those bylaws have to provide for the power to set dues.and fees. If the bylaws say they can set dues and fees and the board decided that they needed to raise them retroactively, they still needed to give 30 days advance notice this would occur. If you do not pay the dues though, they can place a lien on your property and foreclose, so the best course of action is to pay and file suit in court for a declaratory judgment to get the court to invalidate the increase based on failure of proper notice.
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