Homeowners at the Villa Moura condominium complex in San Clemente, California, are challenging a more than $26,000 emergency assessment for roof replacements. Residents say the charge is creating a serious financial burden and question whether the homeowners association board had the legal authority to impose it without a community vote.
San Clemente homeowners face $26,000 roof assessment
Beverly Albright, an 81-year-old Villa Moura resident, said the assessment has made her uncertain about whether she can remain in her home.
“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.
The 198-unit complex’s homeowners said each resident received an emergency assessment of $26,000 or more to fund new roofs. Some residents believe many homeowners will be unable to afford the cost.
“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.
Residents are seeking to recall members of the homeowners association board and have filed a claim alleging that the board violated the law.
Noah Martin, a Villa Moura homeowner, said the roofing project does not meet the definition of an emergency under state regulations. He argued that residents should have been allowed to vote on how the work would be handled.
“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 question roofing work and potential liens
Homeowners said they have been warned that liens could be placed on their properties if they fail to 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.
Residents said the HOA board has known for several years that repairs would be needed on the complex’s tile roofs. They contend the roofs are not leaking and that the required work involves replacing the underlayment rather than all of the roof 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 homeowners association expert with MBK Chapman who is not involved in the dispute, said large special assessments have become increasingly common. He said homeowners generally must pay an assessment even when they believe it was imposed illegally and are challenging it.
“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.
Payment options and financial hardship
According to residents, homeowners were offered three ways to pay the more than $26,000 assessment: pay it in full, divide it into two payments, or add more than $2,000 to their monthly payment for six months, followed by an additional $400 thereafter.
The cost has left some residents unsure how they will pay.
“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 GoFundMe page to support residents who cannot afford the assessment.
The HOA board said it could not comment because of ongoing legal matters. Residents said they are considering filing a lawsuit against the board.
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