Condo Association Management Blog

I guess your beef is that your lot allows for the water storage tanks and you feel you should be compensated. Since you indicated the new tanks exceed the easement, my best guess is your real beef and negotiating power is in that fact. Where was the building inspector and where were you when the tanks were being installed. You owe the dues and you own the lot. You are required to pay both however; you may now negotiate the removal of the tanks since they exceed the easement. Good Luck!

From what you've written, I don't see that you are paying more than anyone else. You can't count your mortgage and property taxes as payments to the HOA. There is no way to get out of paying assessments. Each and every property owner pays them. 
 
 
 
You say you tried to negotiate with the HOA and their answer was to place a lien. What you are really saying is that you decided not to pay the assessments and the HOA placed a lien which they have every right to do. They may also have a right to do other things, in order to get you to pay, which must be outlined in your CCRs (i.e. turn off your water, deny HOA snow plowing). 
 
As for the easement, I'm sure you knew about that when you bought your property. When there's an easement it means that area can be used by the party who has the easement. If the HOA exceeded the easement then IMO you can take them to court over that, but make sure they really have exceeded the easement.  
 
My advice to you is to settle your delinquent account before the HOA decides to foreclose on your property. Yes, they can do that too! 
 
Also, stop saying you are being charged more for water or paying more than the other homeowners when you aren't! This only serves to confuse the issue and really won't get you anywhere. Just because there is an easement on your property for the water storage tanks doesn't mean you don't have to pay assessments or pay for water. You should have known this when your bought your property.

Check you HOA docs!! If some of the legalease is difficult to read you will need to review it with an attorney. If this arrangement is for water was made clear to you when you bought the property, you are liable !! If somehow this arrangement was hidden from you thats another story to discuss with an attorney. Failure to read and understand your HOA responsibilties is not a reason to not pay, just a hard lesson learned. Good luck !

I think the writer is correct that he is being expected to pay, in the long run, more for his water or more for water use than others. But it isn't so much an HOA problem as a legal problem. He should find a good lawyer to go to court for him to see if he or she can relieve him of the expensive mess he finds himself in. However, as hard as it is to swallow, he should pay his HOA dues while it's going through the courts. It's not a lot different than if he should have a dispute with his mortgage company. He would still have to pay the morrgage while the dispute wends it's say through the courts. There's no way around it. The alternative is foreclosure and then he'd be in a bigger mess than he thinks he's in now. 
 
 
 

I think I need to clarify: 
 
Because the HOA also formed a community water association, it is against the law in California for one homeowner to be required to pay more for water and common services than other homeowners--I had the code/statute at one time and now I can't find it. The property that is in question is 1/2 an acre, and the easement on that property is 30'x30', and the HOA has exceeded the easement by placing extra water tanks and equipment outside of the easement.  
 
I pay the mortgage and property taxes for that 1/2 acre parcel (separate from my residence) whose sole use is for a service that benefits the entire association. That amount is approximately 10 times what the HOA dues are, even for just the easement. 
 
The HOA cannot, according to the Davis-Sterling Act, deny services or block access to the property because of unpaid HOA dues. The HOA has asked me to donate the lot to them for free.  
 
Yes, I do need to consult an attorney, but in these hard economic times, it's been tough enough just to keep the mortgage paid. I can demand that the HOA equipment be removed from my property where it has exceeded the easement, but would rather negotiate the 5 years rent to be equal to the back dues owed. The HOA would still be far ahead on the equation.

Julia, 
 
 
 
What you pay for your mortgage and property taxes on the 1/2 acre parcel with the easement for the water tank(s) has nothing to do with your HOA assessments. No one twisted your arm to purchase that piece of property. Every property owner (most of which most likely have mortgages and all of which pay property taxes) are subject to paying HOA assessments. 
 
If there is an easement on your 1/2 acre for access to water tanks how can you charge the assn rent? I'm wondering if there is more to the story.

Hi Mary, 
 
Go back and read what I have written more carefully :) There's always more to any story.  
 
The extra water tanks that the HOA placed on my property are not inside of the easement. The easement is 30 x 30. The extra tanks are outside of that 30 x 30 easement--that's why I could charge rent for what exceeds the easement.  
 
The HOA formed what is called a small water company, and the HOA owns the water wells that supplies water to every member of the community. Residents pay for water and the water system within the HOA dues. In California, it is against code for one member of an HOA or small water company to pay more for water than another member. Since I pay for the taxes and mortgage for the property that houses the small water company equipment, the HOA and small water company are double-dipping so to speak.  
 
When I bought the property, it was rolled in as part of the deal--we were required to buy that lot along with our main lot but it was never explained why and it's not in any of the documents.  
 
What I was hoping for was input from someone who has bonafide HOA code knowledge in California.  
 
I've read my HOA CC&Rs--they consist mostly of "take your garbage to the dump before it starts to stink" and "If you shoot a gun, shoot it away from houses"--literally... Our HOA is much less formal than probably 99% of all other HOAs. 
 
As far as denying services, access to property and shutting off water, that would be in violation of the Davis-Sterling Act.

yes they can

Most definite –  
 
 
 
CCR's can read different prices for per sq. foot of a unit - on monthly HOA assessments –  
 
 
 
Actually this is a good idea for hoa to have prices set according the sq. foot size –  
 
 
 
If you have two bathrooms, the likely prospect is there will be two people in one unit who use more water that a single resident -  
 
 
 
unless you have your own water meter as gas or electric, you can not control how much someone uses