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Q.What kinds of fees and assessments can the HOA impose?

A.The California Civil Code defines "assessment" as either being regular or special. Regular assessments, also known as monthly dues, are needed for the day-to-day operations and long term maintenance reserve of the homeowners association (HOA). Special assessments are fees levied by the homeowners association for a major common area repair, replacement, or new construction, or for a one-time, unanticipated expense (e.g., repair fire damage from a boiler explosion) which cannot be covered by the regular monthly dues.

In addition to regular dues and special assessments, the homeowners association can also levy a monetary fine against an individual homeowner as a disciplinary measure for failure to obey a Rule, or as a "reimbursement assessment" for damage caused by that homeowner (or his guests) to the common area.

Although less common, some condominium rules and Declaration of Covenants, Conditions and Restrictions ("CC&R's") permit the HOA to charge user fees for services and activities that are not customary (e.g., use of the pool and tennis courts to entertain guests). The fees are usually on a pay-as-you-go basis and generally cannot become a lien on the homeowner’s unit or property.

The different types of assessments that may apply to your particular homeowners association will most probably be listed in the CC&Rs.

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