HOA Board Won’t Explain Fee Increase in California

Question:

Our HOA voted on a 15% increase in dues for 2023. However, they are charging us 18% and they will not make this correction nor will they provide any explanation for this overage.

Please advise what we, the home owners can do legally.
We are wanting to sue them in Court.

– Amal

 

Answer:

Hi Amal,

California law does not require the HOA board to seek membership approval for dues increases unless the increase is more than 20% of the preceding fiscal year’s assessment. That being said, if your HOA specifics in its governing documents that increases below 20% still require membership approval, then the board should follow that. If your board is not following the association’s bylaws or CC&Rs, you have the option to remove board members. You may also consult a lawyer for advice on possibly taking legal action.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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