In a surprising turn of events, homeowners at the Villa Moura condominium complex in San Clemente, California, are grappling with a $26,000 emergency assessment for roof replacements. The sudden imposition of the fee has left many residents feeling financially burdened and questioning the legality of the assessment.
The 198-unit complex, situated in the coastal city of San Clemente, has been hit with the assessment, which has been met with resistance from many residents. Beverly Albright, an 81-year-old resident, expressed her concerns, stating that the assessment has cast uncertainty over her future living situation. "I will have to move. And this was my... I've worked very hard to make it so that I could be here," Albright lamented.
The assessment has been met with skepticism by some residents, who believe that the cost is excessive and that the situation does not qualify as an emergency. Megan Blanda, a homeowner, expressed her frustration, "They're not going to be able to afford this, and the board's response is to take out a loan, or take out equity of your house, or dip into your retirement, and I feel like that's just unacceptable."
Homeowners are taking action against the assessment, seeking to recall members of the homeowner's association (HOA) board and filing a claim alleging the board violated the law. Noah Martin, another homeowner at Villa Moura, argued that the project does not meet the criteria for an emergency under state regulations and that residents should have been allowed to vote on the roofing work.
Residents have also been warned that liens could be placed on their properties if they 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," a resident said during a gathering of homeowners.
Despite the board's knowledge of the need for repairs to the tile roofs for several years, residents contend that the roofs are not leaking and that only the underlayment needs replacement, not all of the tiles. Adam Dubin, a homeowner, called for competitive bidding and negotiation of bids in the best interest of the homeowners, "What we would like to do is have multiple bids competitively submitted and actually negotiate those bids in the best interest of the homeowners. As the board should be doing with their fiduciary responsibilities to us."
Michael Kushner, an attorney and HOA expert not involved in the dispute, noted that large special assessments have become more common and that homeowners generally must pay assessments even while challenging them. "Homeowners have to pay those, even if they're completely illegal. They have to pay them and then dispute them. California law doesn't recognize the right of offsets, and you can't withhold payment," Kushner explained.
The financial impact of the assessment has left some residents uncertain about how they will cover the cost. "Retired, single, what, lose my house? I wouldn't qualify for a loan to refinance. So where do you go?" Albright questioned.
The HOA board has remained silent on the matter, citing ongoing legal issues. Residents are considering filing a lawsuit against the board and are advised by experts to consider loss assessment coverage as part of their insurance policies to help cover emergency HOA assessments.
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