recourse?

What recourse are you looking for? A cash rebate or something? Did they not tell you or did you just never noticed the change? That isn't lying. That is just not staying informed about your HOA's business. Most HOA's operate by dividing equally amongst all HOA members when paying dues. This isn't unusual and preferred method by most. They probably made this change for more equality as the HOA has aged.

Suing your HOA is suing yourself and your neighbors. The court can ONLY make you whole and NOT a profit. So not sure what monies you would or could sue for. It just sounds like they made the change in a by-law and you never got a copy or attended the meeting when it happened.

Debbie,

Irregardless of what the Board told you, the percentage of assessments would be contained within your governing documents, typically within the CC&Rs.

If your payments were equal to what those documents require, you were paying the correct amount. If they were not equal to that percentage then you either over or under paid.

If you believe you were wronged, the first step, in my opinion, would be to get a copy of the Associations audits/financial reviews. Request the working documents as well if there are any.

You will then need to have a third party review that info. The best reviewer would be a CPA but anyone who understands basic accounting should be able to give you a reasonably informed opinion. Then send a certified letter (so there is a paper trail) to the board asking for a review of your account. Express your concerns of overpayment, provide your figures and what you expect(refund, credit, etc.). Then give it some time for an investigation and response (remember they are likely volunteers doing this).

Once you get the results of their review, you will be able to make a decision on what options are available.

Hope this helps,

Tim