California Condo Owners Face Shock $26,000 HOA Fee for Emergency Roof Repair

A group of homeowners in San Clemente, CA, is scrambling for answers after their homeowners association hit each of them with a $26,000 emergency assessment to replace their roofs.

The Vilamoura condo complex, a luxury condo community located south of Los Angeles in Orange County, has nearly 200 units.

Residents there say the Vilamoura HOA Board and the condo's management company told them they would need to either pay the amount up front or sign up for an installment payment plan, requiring them to pay $12,000 over the next six months and the remaining amount after.

The HOA board urged condo owners take out a loan, borrow against home equity, or dip into retirement savings to cover the sudden expense, residents say.

That doesn't seem feasible to many residents, though, many of whom are retired or living on a fixed income.

Vilamoura condo Megan Blanda called the suggestions "unacceptable."

"They're not going to be able to afford this, and the board's response is to take out a loan, or take out equity of your house, or dip into your retirement, and I feel like that's just unacceptable," she told ABC7.

One resident, 81-year-old Beverly Albright, told the outlet the charge would force her to leave her home.

"I will have to move. And this was my ... I've worked very hard to make it so that I could be here," she said.

Residents dispute 'emergency' status

Residents dispute the HOA's designation of the roof replacement as an "emergency" and say the HOA has known for a long time that the tile roofs needed repairs.

Homeowners are now seeking to remove members of the HOA board and are filing a claim against the board, saying the assessment violated the law.

Vilamoura homeowner Noah Martin told ABC7 the community should have the right to vote on how it wants to handle the repairs.

"It didn't fit under the California Code of Regulations, 5610. Clearly, it was not an emergency; it's a deferred maintenance," Martin said.

Under California Civil Code Section 5610, emergency assessments are strictly regulated and limited to events that "could not have been reasonably foreseen by the board in preparing and distributing the annual budget report."

Residents say the board has known for years that the tile roofs would eventually need work, and they contend the project should be classified as long-term deferred maintenance rather than an urgent crisis.

"What we would like to do is have multiple bids competitively submitted and actually negotiate those bids in the best interest of the homeowners," homeowner Adam Dubin told ABC7.

Many residents are concerned that their neighbors and friends won't be able to afford the charges.

One took to GoFundMe to raise funds for the community.

"We feel that our Board have not been transparent or acting in the best interests of the homeowners," wrote Danielle Swan in a GoFundMe post. "Important information has been withheld, questions have gone unanswered, and we believe homeowners have not been given the full picture."