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Feldsott Lee Pagano & Canfield
Orange County Homeowners Association Law Firm

Homeowners' association members fight back

Living in a condominium often provides California residents with the amenities they want and the home maintenance that they do not want. More often than not, condo living requires dwellers to be homeowners' association members. Paying those monthly fees may not be ideal, but it is supposed to help ensure that the building is well-maintained.

This last point is one that HOA members are taking issue with in another state. Back in Dec. 2015, the facade of the building collapsed due to a construction defect. Renovations to the building were being done at the time, and the condo board fired the contractor responsible for the shoddy construction work. However, the board has yet to have the work completed to fix the construction problems.

Even so, the board assessed $6.8 million from its residents in order to do just that. The renovations have yet to be completed, and residents still do not have use of the pool and terrace, which is part of what their fees are supposed to provide them. Six of the owners in this New York building took action and filed a lawsuit in which the blame for the not-yet completed renovations is placed on the former president and vice president of the association.

Homeowners' association members here in California often do not have a choice when it comes to paying their normal dues, let alone special assessments. If the board fails to use that money for what it is intended, and in a timely manner, owners may consider taking legal action as these owners did. Those who suspect that their board is failing to properly use the funds available to it, it may be time to discuss the situation with an attorney to determine what options are available to rectify the situation.

Source: habitatmag.com, "Lawsuit Claims Condo Board Lagging on Facade Fix", Jan. 25, 2018

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