If I live in a condo complex that has 3 or 4 units not paying dues and the board now wants to raise dues on everyone else, is this legal?

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If I live in a condo complex that has 3 or 4 units not paying dues and the board now wants to raise dues on everyone else, is this legal?

According to our CC&Rs, it sounds like the HOA is supposed to go through putting a lien on the properties and taking legal action to get the dues paid. Only one of the units has had a lien placed on it and no additional actions have been taken. To me, they have not followed the CC&Rs. Does this fall under the law allowing them to increase dues by 20% without owner approval? Do they have to follow the process in the CC&Rs fully first? Can they not do this at all?

Asked on October 13, 2012 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

For the HOA to increase the monthly dues of the homeowners in the planned unit development where you reside in a vote per the required recorded covenants, conditions & restrictions must first occur. I suggest that you and other owners similarly minded retain an attorney experienced with planned unit developments to force the HOA to begin getting unpaid dues paid by the owners of the units who have not been making their required payments.


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