Attorney Smart provides aggressive, effective representation to both HOAs and Property Owners involved in HOA fees and assessment disputes and has over 25 years’ experience in the field of Homeowners Association Law.
While the collection of homeowners associations assessments and fees are crucial to the operation of HOAs, the Davis-Sterling Act governs most issues relating to Common Interest Developments, and mandates that homeowners associations cannot impose excessive fees.
The Davis-Sterling Act also sets forth the following limitations and provisions with respect to assessments and fees:
• Regular assessments may not be increased by more than 20% in a fiscal year
• Emergency assessments (as defined in the Act) may be imposed without limitation
• HOAs must provide at least 30 days notice of an assessment increase
• Unpaid assessments become delinquent 15 days after they are due
• HOAs may recover all costs incurred to collect delinquent assessments
• HOAs may charge late fees not to exceed 10% of the delinquent assessment
• HOAs may file a lien upon the delinquent homeowner’s property in the amount of the delinquent assessment, cost of collection, late fees and interest
• HOAs may avail themselves of the foreclosure process to collect delinquent assessments in excess of $1,800 (not including costs, interest and collection fees).
If you are facing foreclosure, want to fight excessive assessments, or are an HOA in need of collection assistance, contact Mission Viejo HOA Collections Attorney Dean Smartat (949) 715-9300 today to schedule a free initial consultation. At the Law Offices of Dean Smart, our team is committed to providing our clients with the highest level of quality, cost-effective legal representation, and we have earned a reputation as one of Orange County’s premiere Homeowners Association Law Firms.
Mission Viejo Homeowners Association Lawyer Dean E. Smart takes great pride in providing reliable and accessible legal counsel for all of his clients. Whether you sit on the Board of Directors for a Homeowners Association or are a separate interest property owner, Attorney Smart possesses the skills and experience necessary to help you resolve your dispute quickly and effectively.
For immediate assistance, contact Mission Viejo Homeowners Association Collection Attorney Dean E. Smart at (949) 715-9300 to schedule a free initial consultation.