Calculate records access penalties ($500/day per CC 5235), special assessment validity, improper fine recovery, and attorney fees under the Davis-Stirling Act (CC 4000-6150)
Under CC 5200-5240, you can request: financial statements, budgets, reserve studies, board meeting minutes, membership lists (with restrictions), insurance policies, contracts, CC&Rs, bylaws, and governing documents. The HOA must respond within 10 business days for most records (30 days for certain financial records).
Under CC 5235, if the HOA unreasonably refuses to provide records, you can petition the superior court. The court shall award a $500 penalty for each unreasonable refusal and may award attorney fees to the prevailing member. Keep written records of every request and the HOA's responses (or lack thereof).
Yes. If the special assessment exceeds 5% of the current year's budgeted gross expenses, it requires majority approval of the membership (CC 5605). If the board imposed it without a proper vote, the assessment is voidable. You can also challenge assessments that violate the CC&Rs or were adopted without proper notice.
Yes. Under CC 5975, the prevailing party in an action to enforce the governing documents is entitled to reasonable attorney fees. For IDR/ADR disputes, CC 5930-5965 provides fee-shifting mechanisms. For records access violations, CC 5235(c) specifically provides for attorney fees.
I draft demand letters to HOA boards citing specific Davis-Stirling Act violations and penalties. HOA boards often resolve disputes after receiving a formal attorney letter.
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