Homeowners at the Villa Moura condominium complex in San Clemente, California, are pushing back against a more than $5 million assessment imposed by their homeowners association for new roofs, with individual residents facing bills exceeding $26,000. The unexpected charges have sparked outrage, with some residents fearing they may lose their homes if they cannot afford the assessments.
Residents are challenging the validity of the assessment, arguing that the roofing project does not qualify as an emergency under California regulations and that the HOA board may have illegally imposed the charges. They contend that the work is a matter of deferred maintenance and that homeowners should have had a vote on the project. According to homeowners, the roofs are not currently leaking, and only the underlayment needs replacement, not the entire tile structure.
"It didn’t fit under the California Code of Regulations, 5610. Clearly, it was not an emergency; it’s a deferred maintenance," said homeowner Noah Martin. "And so, then we as members should have a vote on how we want to take care of the roofs."
Homeowners also claim the HOA board has been aware of the need for eventual roof repairs for years. They are seeking to recall members of the HOA board and have filed a claim alleging legal violations. Residents have also reported that the HOA has threatened to place liens on properties of those who fail to pay the assessment.
For some residents, like 81-year-old Beverly Albright, the financial burden could force them to sell their homes. "I will have to move. And this was my… I’ve worked very hard to make it so that I could be here," Albright told ABC7.
Other homeowners expressed concern about the financial strain the assessment places on residents. "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," said homeowner Megan Blanda.
The HOA reportedly offered residents three payment options: pay the full assessment upfront, divide it into two payments, or increase monthly payments by over $2,000 for six months, followed by an additional $400. Residents are exploring the possibility of legal action against the board.
Homeowners are advocating for the association to solicit and negotiate competing bids for the roofing project to ensure the best interests of the residents are met, as they believe is their fiduciary duty. "What we would like to do is have multiple bids competitively submitted and actually negotiate those bids in the best interest of the homeowners. As the board should be doing with their fiduciary responsibilities to us," said homeowner Adam Dubin.