🏡 California HOA Assessments: What Homeowners Should Know
A recent California Court of Appeal decision is a reminder that HOA assessments must follow the requirements of California law and the association’s governing documents.
In Ruffier v. Volcano Hills Road Maintenance Association, the court found an assessment increase invalid because the association had not followed the required statutory procedures for approving the increase.
For homeowners, the case highlights an important point: if you believe an HOA assessment or charge is incorrect, don’t simply ignore it. Understand your options and keep a record of the dispute.
What homeowners should know
📌 Document the issue. Keep copies of assessment notices, statements, emails, letters and other communications.
📌 Ask for an explanation. If you don’t understand how an assessment was calculated, request the information in writing.
📌 Know your dispute-resolution rights. California law requires HOAs to provide a fair and reasonable Internal Dispute Resolution process for qualifying disputes.
📌 Know that disputed charges have specific procedures. California law allows a homeowner, in certain circumstances, to pay a disputed amount under protest and pursue the matter through small claims court or other available dispute-resolution procedures.
📌 Don’t assume a dispute means payment can simply stop. HOA assessment and collection rules can be complex, and late charges, interest and collection actions may still apply depending on the circumstances.
For homeowners, the best approach is to review the governing documents, communicate in writing and understand the applicable deadlines before taking action.
If you’re facing a significant assessment dispute, lien or collection issue, consider speaking with a California attorney familiar with HOA and common-interest-development law.
📍 For more information:
California Legislative Information — Davis-Stirling Common Interest Development Act
California Courts — Published Court of Appeal decisions