QUESTION

Is a detailed fee schedule required for repairs of common areas when an hoa member gets a bill from the hoa?

Asked on Jul 27th, 2016 on Real Estate - California
More details to this question:
I was moving when the elevator broke. The cc&rs state that residents are responsible for repairs. I argued that they could not bill me without a detailed fee schedule. They say I'm wrong. Also, they only notified me via email following the first meeting. I read that they must notify buy personal delivery. There board argued that there CA code did not apply because they were not"fining" me, just Billing me. They are threatening a lien if I don't pay.
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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Take a look at Civic Code §5725. It specifically distinguishes between penalties covered by §5850 and assessments to reimburse the HOA for repair of damage. They are asking you to pay for the repair of the damage you or your mover did. Elevator repairs are very expensive. The technicians are highly trained and skilled, and the insurance carried by the company is very expensive. If you or your movers broke the elevator and it cost $1000.00 to repair it, then you owe that money to the HOA. If you didn't pay it, your neighbors do. The HOA can add late charges, interest, and the fees and expenses of its attorney. If you don't pay it off right away, just reviewing the CC&Rs, the elevator bill, and the correspondence, and recording the lien, might cost nearly $1000.00. Foreclosing could cost more. If you take this to court, the attorney fees and expenses will just keep going up. These disputes get way out of control very fast, and the homeowner almost never prevails. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.   Dana Sack
Answered on Aug 01st, 2016 at 9:44 AM

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