Beverly Albright says the San Clemente HOA roof fee may force her to leave Villa Moura. The 81-year-old resident said the more than $26,000 emergency assessment for roof replacements has left her weighing where she could go next.
The 198-unit complex gave homeowners three ways to pay the bill: pay the full amount, split it into two payments, or add more than $2,000 to monthly payments for six months and $400 thereafter. Residents said they were warned that liens could be placed on properties if owners do not pay.
Villa Moura assessment options
Albright said, "I will have to move. And this was my... I've worked very hard to make it so that I could be here". She also asked, "Retired, single, what, lose my house? I wouldn't qualify for a loan to refinance. So where do you go?"
Megan Blanda said, "They're not going to be able to afford this, and the board's response is to take out a loan, or take out equity of your house, or dip into your retirement, and I feel like that's just unacceptable". Adam Dubin said homeowners want multiple bids competitively submitted and negotiated in the best interest of the homeowners.
Noah Martin on California rules
Noah Martin said, "It didn't fit under the California Code of Regulations, 5610. Clearly, it was not an emergency; it's a deferred maintenance. And so, then we as members should have a vote on how we want to take care of the roofs". Residents said the board had known for several years that repairs would be needed to the tile roofs, while they contend the roofs are not leaking and that only the underlayment needs replacement, not all of the tiles.
Michael Kushner said, "Homeowners have to pay those, even if they're completely illegal. They have to pay them and then dispute them. California law doesn't recognize the right of offsets, and you can't withhold payment". Homeowners said they are seeking to recall members of the homeowner's association board and are filing a claim alleging the board violated the law.
The dispute now turns on whether the roofing work can be treated as an emergency under California Code of Regulations, 5610. If the board cannot justify that classification, residents say they should have had a vote before a charge this large landed on each owner.
