• Land Use Attorney Capitola

Posts Tagged ‘water fees’

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: Court Rules That Tiered Water Rates Must Be Based On Actual Usage and Costs Of Providing Services.

In Capistrano Taxpayers Assoc., Inc. v. City of San Juan Capistrano, (2015) 2015 WL 1798898, the court of appeal struck down a city water provider’s rate structure as violating Proposition 218.  Prop. 218, the Right to Vote on Taxes Act, was intended to limit the methods by which local governments exact revenue from taxpayers without their consent.  Among other things, Prop. 218 requires that fees and assessments imposed by local government agencies against property owners in order to pay for public services must be correlated with the actual, proportional costs of providing those services to a parcel.

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Miles J. Dolinger
Attorney at Law
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314 Capitola Avenue Capitola, CA 95010
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