SAN CLEMENTE, Calif. — Homeowners in a California condominium community are challenging an emergency roof replacement assessment of more than $26,000, arguing the steep charge is putting residents under serious financial strain and raising questions about whether it was imposed legally.
For Beverly Albright, an 81-year-old who lives at the Villa Moura complex, the unexpected assessment has cast doubt over whether she can remain in the home she worked hard to secure.
“I will have to move. And this was my… I’ve worked very hard to make it so that I could be here,” Albright said.
Residents of the 198-unit San Clemente condo complex said every homeowner was billed a $26,000 emergency assessment to fund new roofs.
Several neighbors said they fear the cost will be unaffordable for many people living in the community.
“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,” homeowner Megan Blanda said.
Homeowners said they are fighting the assessment by seeking to recall members of the homeowner’s association board and by filing a claim alleging the board violated the law.
Noah Martin, a homeowner at Villa Moura, argued that the project does not qualify as an emergency under state regulations, and said residents should have been allowed to vote on how to address the roofing work.
“It didn’t fit under the California Code of Regulations, 5610. Clearly, it was not an emergency; it’s a deferred maintenance. And so, then we as members should have a vote on how we want to take care of the roofs,” Martin said.
Residents also said they have been warned that liens could be placed on properties if owners do not pay 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.
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Residents said the HOA board has known for several years that repairs would be needed to the tile roofs. They contend the roofs are not leaking and that only the underlayment needs replacement, not all of the tiles.
“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,” said homeowner Adam Dubin.
Michael Kushner, an attorney and HOA expert with MBK Chapman who is not involved in the dispute, said 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 said.
According to residents, homeowners were given three payment options: pay the more than $26,000 assessment in full, split the amount into two payments, or add more than $2,000 to their monthly payment for six months and $400 thereafter.
The financial impact 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.
Homeowners have created a