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RobertG1 (Delaware)
Posts: 11
Posted:
Has the California passed a law restricting the % increase in home owner yearly fees?
LarryM3 (California)
Posts: 37
Posted:
The California Davis-Stirling Act mandates that the maximum per year increase is 20 %.Your CC&R's probably specify a amount also. If the CC&R's specify a smaller percentage then the Davis-Stirling Act they take control. This can be changed with a amendment if necessary. Good Luck. Been there !!
Larry
KathyS (California)
Posts: 145
Posted:
Don't forget the Board can also add emergency assessments without a vote of the membership and, of course, the special assessment with member approval.
LouiseH (California)
Posts: 10
Posted:
I live in CA and our HOA has not increased our dues in four years. That is a good thing since we are always under budget, they say. I am concerned because they had gotten less expensive insurance for our property by dropping the earthquake insurance. I heard this was determined by the Board only. We live in a PUD of 60 units, single story condo's and two story condo's. I have read the CC&R's and it states that we need to have a blanket type of insurance policy. Would a blanket type policy covered damage from a earthquake. Since we live near the San Andreas fault, I would think earthquake insurance should be a matter for all of the homeowners to discuss whether we should have it or not. The BOD say's it was not cost effective to have. The CC&R's states that the whole community could be subject to a special assessment fee if they deem it necessary if a quake hits. I see that that would wipe out alot of people who live here, since we are paying dues each month thinking that the outside of the building is covered by the HOA Dues, if any outside wall structures developes cracks and, sidewalk raise and create trip hazards.
I only wished that I knew than what I know now. I did not receive my CC&Rs until we had bought the Condo and were signing the papers at the Real Estate Office.
DaneC (California)
Posts: 210
Posted:
Quote:
Posted By LouiseH on 09/09/2007 8:55 PM
I live in CA and our HOA has not increased our dues in four years. That is a good thing since we are always under budget, they say.

I did not receive my CC&Rs until we had bought the Condo and were signing the papers at the Real Estate Office.

"they say" - surely you are provided with a copy of the annual budgets, so you would have been able to compare the last 4 years to determine which expenses seem to be defying inflation.

As to receiving the CC&R's, SB127 is currently in the Legislature, "The bill would require, in the case of a sale of a separate interest in a common interest development, that the necessary disclosures be made as soon as practicable before transfer of title but no later than 20 calendar days after the execution of the purchase agreement to purchase title to the separate interest or execution of a real property sales contract or the opening of escrow, whichever is later."

Do you ever get any annual disclosures?

PaulM (Pennsylvania)
Posts: 1,347
Posted:
LouiseH: what type of personal homeowners' insurance do you have? Are you covered for earthquakes? It may be well for you to discuss with your own company.
DaneC (California)
Posts: 210
Posted:
Quote:
Posted By RobertG1 on 04/25/2007 5:55 PM
Has the California passed a law restricting the % increase in home owner yearly fees?

Civil Code Section 1366.(b) Notwithstanding more restrictive limitations placed on the board by the governing documents, the board of directors may not
impose a regular assessment that is more than 20 percent greater than the regular assessment for the association's preceding fiscal year or impose special assessments which in the aggregate exceed 5 percent of the budgeted gross expenses of the association for that fiscal year without the approval of owners, constituting a quorum, casting a majority of the votes at a meeting or election of the association conducted in accordance with Chapter 5 (commencing with Section 7510)of Part 3 of Division 2 of Title 1 of the Corporations Code and Section 7613 of the Corporations Code. For the purposes of this section, quorum means more than 50 percent of the owners of an association. This section does not limit assessment increases necessary for emergency situations.

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