Often times disputes can arise between homeowners and their homeowner’s association over monthly assessments. Disputes over assessments can arise in two general categories: Either in terms of payment and collection of past due assessments, or a dispute over how the assessments are calculated (percentage use, common area calculations).
In most situations, the homeowner’s association will arrange for a monthly assessment fee, and will provide notice to homeowners in advance as to how the assessment is determined. Nevertheless, when disputes arise, homeowner’s often rely on the terms of their HOA’s by-laws, or CCR’s, for recourse. Typically, by-laws will provide for a “dispute resolution process” and can help resolve matters before assessment disputes rise to the level of a lien or collection efforts (and attorney’s fees) are initiated.
As always, contact Elmi Law for efficient and effective legal representation and consultation on business, construction, and real estate matters, including homeowner association issues.