How do I stop my HOA from approving another special assessment for on-going legal fees?

Asked almost 2 years ago - Scotts Valley, CA

Our HOA believes it has case against builder for road construction in the neighborhood. It already spent our money (including reserves) on Lawsuit. It has already passed one special assessment for more fees to continue suit. It now wants another assessment which I don't support or cant afford.

Attorney answers (1)

  1. Michael Raymond Daymude

    Contributor Level 20


    Lawyer agrees


    Answered . You are a member of a common interest development association and you do not have the right to cherry pick the assessments you pay. Your only option is to convince the board that the litigation should be dropped or continued only on terms you can afford.

    You should review your CC&Rs to make certain the assessments are authorized. You might also want to review the CC&Rs for ADR requirements and institute ADR to address this issue.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more

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