• Land Use Attorney Capitola

Posts Tagged ‘homeowners association’

A Homeowners Association Is Not Entitled To A Refund Of Sewer Service Fees Paid For Water To Irrigate Common Area Landscaping Despite A Lack Of Connection To Municipal Sewer Service.

In Cape Concord Homeowners Ass’n V. City of Escondido, (2017) 7 Cal. App. 5th 180, the Court of Appeal held that the Homeowners Association (“HOA”) was not entitled to a refund of service fees paid for water used to irrigate common landscape areas despite the fact that the water used for irrigation was not connected to the City of Escondido’s (“City”) sewer system.

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CASE UPDATE: HOA Must Accept Partial Payments Toward Delinquent Assessments.

In Huntington Continental Townhouse Assoc., Inc. v. Miner, (2014) 230 Cal.App.4th 590, the court held that a homeowners’ association (HOA) must accept an owner’s partial payment toward a delinquent HOA assessment balance. In this case, the owner (Miner), stopped making monthly assessment payments and eventually incurred a balance of approximately $6,400.00 in assessments, penalties, fees and costs.  The HOA imposed a lien against the owner’s property, had the lien recorded, and then filed a lawsuit to foreclose on the lien.

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Miles J. Dolinger
Attorney at Law

314 Capitola Avenue Capitola, CA 95010
Phone: (831) 477-9193
FAX: (831) 477-9196
miles@dolingerlaw.com

“I would definitely go with Mr. Dolinger again, and I would recommend him in a heartbeat to anyone who is looking for representation. He knows his business and he is very good at it.”

Richard. February 8, 2015
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