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Can California HOA change the way they formulate assessments?


Question:

I live in a HOA in San Diego, California. There are approximately 40 units (4 buildings with 10 units per building). My particular building has all one bedrooms. The other buildings have 2 bedrooms. The one bed buildings have approximately 660 sq ft, the other buildings have about 1200 sq ft. I've lived here for 10 years. I understand that HOA's aren't allowed to raise assessments more than 20% per year. The issue is that for the ten years I've lived here, the HOA assessed monthly fees based on square footage...therefore the one bedroom units payed less than the 2 bedroom units. This year, the board raised rates 5%, but didn't inform anyone that they were changing how they assessed the increases. Rather than assess by sq. footage, they are including all the units/buildings in the complex. Therefore, the one bedrooms are actually paying more than a 5% increase in HOA dues. I guess that in the CC&Rs it talks about unequally shared expenses such as insurance, gas, water, reserve for roof based on our sq. footage and equally shared expenses as all other expenses and reserve amounts and special assessments (except for structural major repairs). My question is can the HOA change the way they are evaluating assessments after 10 years of doing it by sq. footage without notifying its residents? If it's legal, it sure sounds unethical. Thank you.


Answers (3)

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