Board is overcharging assessments by 1/3

On our website's "payment" page, the board is showing an amount due that was ruled illegal by the court in April.

Do you have anything in wing form the Board/HOA to owes saying that that is the correct amount, Terri?

Is there a manager you could ask to help clarify this issue? I a doubtful that owners would be given a refund, but if the increase required a member vote and that never happened, and that amount is still being requested, you might need to hire an attorney to help you resolve this matter.

If there's no manager, you'll have to talk to the board - or have someone else bring it up because they don't like you (the president certainly doesn't). It could be as simple as updating the website, as Wendy noted, but if you're itching for yet another throwdown in small claims court, do your thing.

Issuing refunds could be problematic because it could be considered income by the IRS and wreck havoc with the current budget. Is there some reason they can't just hold assessments at the current rate for the next year or two (maybe the extra money could be deposited into reserves)?

No, it's keeping the ill-gotten gains that becomes income not refunding it.

Intentional fraud?

Why not wait and see if they'll update the information? I'd also like to see a statement on the website and/or community newsletter apologizing for the error with an explanation as to what happened. It shouldn't take a month for that to happen, but if you don't see anything, follow up and let your neighbors know. As you said, it's up to them to take the next steps - whoever agrees with you will say something, while the others will do as they always have. If this is the same board you've been tussing with for the past few years and they're still running things despite your lawsuits, it would appear most people don't feel as you do or just don't care - until they have to.

As for the "income by ill-gotten gains" comment in your last post - you do know you have to prove someone benefitted, don't you? I'm not saying what they did is right, but costs can and do go up, and the association is supposed to be a non-profit organization. If the association is made up of homeowners like you, one could argue that now there's some extra money to pay for maintenance, improvements, and (especially) funding reserves. Since it wasn't done properly, it's only proper that assessments not increase for however long this went on, and then there can be a discussion on increasing them again because of higher costs.

Refunds sound nice, but you'd have to declare it on your taxes, which may or may not affect what you pay. I'd rather the money go to reserves so the community can avoid special assessments, but that's just me

The court ordered a refund to me as I was the plaintiff. My main gripe is the amount showing due on the payment section of the website includes the 2 illegal increases.

A lot will depend on the court order.

That ruling may have only applied to you and it's up to the rest of the members to bring similar action (or, perhaps, question the increase).
That ruling may have applied to everyone.

It may be, as others are saying, the board simply failed to update the website.

My suggestions:

1) contact the board and ask
Alternatively, talk to a neighbor and have them ask - "I heard that legal action was brought and the court ruled the increases were not properly done (illegal). Why am I still being charged for those increases?"

2) Copy the court order and inform the membership of the case/resolution
Let the members do as they wish.

That would have been a good solution.

Let's see-- I guess the late owners all told you they are late? Or the Board announced it. Or? There's something missing here, but I can't figure out what.

The required policy letter, new budget & reserves letter that's required to be to (CA) Owners in Dec. '23 was wrong since the more recent court ruling was after that time?

Terri

What are the old and new dues yearly?
Thanks

I have found some good advice here.