What you should know about the assessments received April 15, 2011:

 First and foremost, thank the current DBPOA Board of Directors (those not recalled).  The board chooses not to rescind the Davis-Stirling Act resolution; even though they know the DBPOA is not a common interest development.  These assessments are only allowable as a result of being governed by the Davis-Stirling Act, and therefore are now legal and must be paid. This applies to all future assessments also.  We are no longer protected by our Bylaws which limited dues increases or assessments without approval of the members.

Regarding the first assessment of $48,490 caused by the Board of Directors suing a homeowner to remove county-owned property and losing in court:

1.  The board did not budget for this known (since September 2009) pending legal expense?  This is because they knew an assessment could be levied after they passed the Davis-Stirling resolution two months later in November 2009.  Now homeowners are paying for the Board of Directors’ gross error.  Now there is no deterrent to filing against a homeowner no matter how frivolous a complaint is in the future.

2. Civil Code 1366.1. States “An association shall not impose or collect an assessment or fee that exceeds the amount necessary to defray the costs for which it is levied.”

The County Assessor’s Office shows 1,630 Assessor Parcel Numbers for the DBPOA.  The assessment of $48,490 divided by 1,630 properties is $29.75 per property, not $33.45.  The additional $3.70 per property amounts to an additional $6,031 collected.  Are there hidden costs or waives?  Is everyone paying his/her fair share?  At the December 28, 2011 meeting, the board voted to not bill Mr. Difate.  Why?  What does the “plus costs” mean in the DBPOA notification letter?  Is the "plus costs" not a part of the court settlement amount ($48,490)?

3. Will there be more lawsuits next year and in the future?  It could happen, and homeowners will pay for the court costs win or lose.  .

Regarding the second assessment of $2,540.00 caused by the recall vote:

1. Civil Code 1366 (d) states “The association shall provide notice by first-class mail to the owners of the separate interests of any increase in the regular or special assessments of the association, not less than 30 nor more than 60 days prior to the increased assessment becoming due”.  Homeowners were notified 15 days or less.

2. Civil Code 1365.1 (b) states “Assessments become delinquent 15 days after they are due, unless the governing documents provide for a longer time.   The DBPOA governing documents (Bylaws) state payments are delinquent after 30 days, and a $2.00 late fee will be charged monthly.  Why are the DBPOA Board of Directors and the Management Company violating this Civil Code and the Bylaws?

Future Assessments:

Will next year’s fiscal budget (October 2011-September 2012) be higher than this year’s?  Assessments can only total 5% of the annual budget.  Will future budgets increase yearly? 

It would have been nice to see published election results.  Civil Code 1363.03 (g)
states “…Within 15 days of the election, the board shall publicize
the tabulated results of the election in a communication directed to all members”.
The results could have been included in the assessment mailing!  Now the
“cost conscious board” must do another mailing before April 30, 2011.

How long can fixed income homeowners afford continuously increasing assessments
before they are forced out of their home?  The future of the DBPOA can be altered by the
homeowners.  The assessments, unnecessary costs, and upcoming foreclosures
can be eliminated.  However, your assistance is required.  Please watch for homeowner
advocate activities and join or support their efforts whenever you can.  The future
does not have to be dictated by 7 board members and 5 DERC members.