Do I Pay my Homeowner’s Association for an Assesment if my Home Doesn’t Need the Repair?

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“My homeowner association recently levied a special assessment on all of our Units for the repair of the building roof. The roof on my Unit was repaired personally by the previous owner of my Unit as a requirement before I purchased via FHA and is not in need of repair however, we were all assessed the same amount. My question,is, should I be required to pay the same as every other Unit.”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

The most likely answer is yes, but a definitive answer would require reviewing your HOA documents.

In general, assessments are made for items which benefit the entire association, and therefore all owners are assessed equally (or at some fixed proportion). Sometimes, Associations will make bulk purchases of items which benefit each unit individually, and there will always be some variation in how much each unit needs the item in question. For example, the HOA may cut a deal with a painter to repaint all the units (usually at a volume discount). Some units will need painting more than others, but there is rarely a way to account for this. Usually, if any thought is given to it at all, it’s assumed that in the long run, these things will even out.

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Author: Anne P. Mitchell, Esq.

Anne P. Mitchell, Esq. is a noted family law expert, Internet law expert, and Professor of Law at Lincoln Law School of San Jose. She is the author of "Surviving Divorce: the Single Father's Guide" and "The Email Deliverability Handbook"

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