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By stephen polinsky • February 2, 2011

HOA overcharged assessment, should owner sue to get money back

Our HOA imposed a special assessment and insisted that the home owners pay before the work was completed. They didn't know the final amount that would be due, so they charged an arbitrary $400,000. The final cost of the work was only $333,000. I feel that those of us who paid our share of the 400,000 are owed the difference back, but the association refuses to refund us the money because other people did not pay anything at all. Should I take them to small claims court to get our money back or are we stuck covering for the people who simply would not pay? This does not seem legal.

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