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Sorry I missed part of your previous post.
Rick wrote:
>
> So California law does provide for increases without member votes. So is
> the whole argument here that the fees are increased during the start of the
> calander year instead of the fiscal year?
Yes, that is the argument.
>
> In most states you need damages to sue in small claims court. What are the
> damages here?
>
He pays the full new assessment amount and then sues for the difference
between the new and the old assessment. This avoids the problem of them
charging interest or attempting to foreclose while he waits around for
his day in court, additionally it gives him damages so that he can sue
in small claims. In my opinion, if you do this, you need to include a
letter with your payment saying that you dispute the assessments but
are paying them to keep your account clear.
>That he doesn't like fee increases is bizarre, given the
> realities costs of the physical community that he chose to live in.
Irrelevant to the discussion. I do not recall that he said he was
against a fee increase, all I've heard is that he doesn't like how it
was enacted. I may not remember everything so feel free to correct me
on this point, however the increase, and its size, is still irrelevant
to the discussion which is the improper procedure used to increase the
assessment.
>
> I remain sceptical that it must be approved by the membership.
Only if the board fails to follow the laws that provide them the
authority to raise assessments without member approval.
>I also remain
> suspicious that Sub has never seen a budget.
Not an issue for me unless you want to offer specific proof. If he says
he hasn't seen a budget and you do not believe him then say that, do not
argue that the HOA is in the right.
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Re: Where is due process you HOA Bolsheviks.
