Well, since I received such a quick response to my posting pertaining to special Assessments I thought that I would post briefly the requirements under the Davis-Stirling Act for levying and collection of regular assessments.
Like special assessments an association shall levy regular assessments sufficient to perform its obligations under the governing documents and this title. Civil Code § 1366(a). Civil Code § 1366(b) states; " Notwithstanding more restrictive limitations placed on the board by the governing documents, the board of directors may not impose a regular assessment that is more than 20 percent greater than the regular assessment for the association's preceding fiscal year ."
An important note to subsection (b) is that even if the governing documents state that the association cannot raise the regular assessment more than, lets say, 8%, the 20% ceiling in Civil Code § 1366(b) controls.
Note: The information contained is not legal advice and does not establish an attorney-client relationship. Contact us via email Ryan.McClure.Esq@gmail.com or call us at 951.818.0687.
Monday, December 10, 2007
Regular Assessments
Posted by
Ryan P. McClure, Esq.
at
2:43 PM
Labels: Regular Assessments
