Environmental Fees

Started by RonQ • 2 replies • 1220 views

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RonQ (California)
Posts: 1

Posted:

Our CC&Rs state fees are limited to $150.00 max. In order to get around this the Board has made a resolution charging a perfomance deposit and only refunding 25% of the deposit on completion. Is this legal in California?

JohnB26 (South Carolina)
Posts: 1,569

Posted:

[rant]
Is it ethical?

It is business practices such as these (your HOA IS a business) that will eventually drive enough people towards radical Islam to topple this great nation.

Even if one is not Christian, 'WHAT WOULD JESUS DO?' is a good credo to follow.

May the creator help and preserve us all.
[/rant]

DanielH1 (California)
Posts: 482

Posted:

In short, I'd guess that it is illegal.

In long form, it is a violation of your CC&Rs. You can vote out/petition against/recall Board Members or sue to stop them. But, violating CC&Rs isn't a violation of state or federal law (usually) so saying that it is "illegal in California" isn't quite correct. It is more like a contract violation which you fix via the contract or via a lawsuit.

Unless your CC&Rs allow it somehow, these fees sound like an unjustifiable dodge.

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