What is the name of your state (only U.S. law)? CALIF
About 3 yrs. ago a Townhouse on a nearby street, in our complex, had geological problems that were not covered by insurance. Instead of borrowing the money from a bank, the Board of Directors decided to self fund, then charge a special assessment to each homeowner. (per Sterling/Davis Act)
There are 108 Units in our complex. 34 homeowners paid. The rest were told they could make payments with interest, towards the special assessment of $3600/owner.
The monthly special assessment fees are due starting May 1, 2010. I wrote a letter stating the facts that I am a 69 yr old senior who lost her job, and living on a fixed income that I don't see changing. I requested a Hardship Waiver and/or I can do office jobs to work off the monthly fees. Denied, denied! They say they are already giving help by working out a 3 yrs. payment plan.
At this point my frustrations are with their method of collection. Each owner pays $220/mo. for homeowners’ dues. If not paid in 6 mo's, they will put a lien against the property. Starting May 1st, anyone who just pays that usual and customary $220/mo. will be credited with only $155.00. The other $65 will be re-routed to the special assessment plus interest.
I wrote that I do not give them the authority to re-route my funds that are intended for regular homeowners’ dues. Someday....I will leave a legacy of not paying for the routine homeowners dues and a lien will go against me for that?
Is it legal to disregard my continued intention of paying the monthly fees?
Our CC&R's were written when the complex was built 1972-76 and never updated.
Thank you for your advice.
Marcia
Thousand Oaks, CA
About 3 yrs. ago a Townhouse on a nearby street, in our complex, had geological problems that were not covered by insurance. Instead of borrowing the money from a bank, the Board of Directors decided to self fund, then charge a special assessment to each homeowner. (per Sterling/Davis Act)
There are 108 Units in our complex. 34 homeowners paid. The rest were told they could make payments with interest, towards the special assessment of $3600/owner.
The monthly special assessment fees are due starting May 1, 2010. I wrote a letter stating the facts that I am a 69 yr old senior who lost her job, and living on a fixed income that I don't see changing. I requested a Hardship Waiver and/or I can do office jobs to work off the monthly fees. Denied, denied! They say they are already giving help by working out a 3 yrs. payment plan.
At this point my frustrations are with their method of collection. Each owner pays $220/mo. for homeowners’ dues. If not paid in 6 mo's, they will put a lien against the property. Starting May 1st, anyone who just pays that usual and customary $220/mo. will be credited with only $155.00. The other $65 will be re-routed to the special assessment plus interest.
I wrote that I do not give them the authority to re-route my funds that are intended for regular homeowners’ dues. Someday....I will leave a legacy of not paying for the routine homeowners dues and a lien will go against me for that?
Is it legal to disregard my continued intention of paying the monthly fees?
Our CC&R's were written when the complex was built 1972-76 and never updated.
Thank you for your advice.
Marcia
Thousand Oaks, CA