Q: Our HOA has 56 homes but five of these homes it’s not located on the special entrance streets with monuments with flower

A: Thank you for your question!

Under the Common Interest Development Open Meeting Act, most meetings of the board of a community association must be open to attendance by the association's members (excluding exceptions).

Members must be allowed to speak at any meeting of the association or the board, except for meetings of the board held in executive session. The Board needs to establish a reasonable time limit for all Members.

A member has a right to contest levied assessments and negotiate payment plans with the Association.

There is a cap on special assessments not to exceed 5% of the budgeted growth expenses of the association for the fiscal year unless approval for a greater special assessment is first obtained.

The regular assessment cannot be more than 20% greater than the amount of assessment levied for the previous fiscal year without first obtaining member approval for a greater increase.

The rule change may be reversed by the affirmative vote of a majority of a quorum (more than 50%) of the members unless the declaration of bylaws calls for approval by a greater percentage.

A member's request to copy or inspect the membership list solely to call a special vote to challenge a proposed rule may not be denied on the ground that the purpose is not reasonably related to the member's interest. Member's failure to make a timely request waived their ability to object, and the board can ACT on the proposal.

For voting the presence of more than 50% of Members (quorum) is required. For reversing a rule more than 50% of that 50% of Members are required. Therefore, the more Members participate, the chance of reversing the vote is higher.

You can talk to the members of the association and make sure that all have received notice of the special meeting and are aware of the purpose of the voting.

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you consult with an attorney for more details.

A: Under California law, if the special assessment is being levied for a purpose that is not necessary for the maintenance, repair, or safety of the common areas, and does not benefit all homeowners equally, you may have grounds to challenge the assessment. Here are some steps you can consider:

1. Review your CC&Rs (Covenants, Conditions, and Restrictions) and bylaws to determine if the special assessment complies with the HOA's governing documents.

2. Attend the board meeting and voice your concerns. Explain how the assessment unfairly burdens the five homeowners who will not benefit from the beautification project.

3. Gather support from other homeowners who share your concerns and collectively present your objections to the board.

4. If the board proceeds with the assessment despite your objections, you can seek legal advice from an attorney specializing in HOA law. They can help you determine if you have a valid case to challenge the assessment in court.

5. If the assessment is approved, and you believe it violates the law or the HOA's governing documents, you can file a complaint with the California Department of Real Estate or consider filing a lawsuit against the HOA.

6. Alternatively, you can request that the board consider exempting the five homes from the special assessment or reducing the amount owed by these homeowners, as they will not benefit from the beautification project.

Remember that challenging an HOA assessment can be a complex and potentially costly process. It is essential to carefully review your HOA's governing documents and seek legal advice before proceeding with any legal action.