Increase for 2014 HOA dues

[James McGrath]

Dear Jamie Koski,

According to California HOA laws, the La Mirage HOA may have broken two California laws (reference the attached document section "Assessments"):

1. The HOA cannot raise the dues by more than 20% a year, unless a majority of homeowners approve the measure.

2. Before the beginning of each fiscal year, the board must make the budget public to homeowners in the community at least 45 days, but not more than 60 days, prior to the first day of the fiscal year.

Point one: The dues have been raised to $125.00 from $100.00. This is a 25% increase in dues, not 20%. Show me (us) where a majority of homeowners approved this measure.

Point two: Assuming that the fiscal year starts at January 1 of each year, the budget must be made public at least 45 days before January 1, 2014. The 45th day is November 16, 2013. Where is the HOA budget?

The HOA board wants us to pay more HOA dues, but the board does not want to provide us with information about the health of the HOA (budget), and the reasons for the dues increase. There should be a TWO street of information between the board and the owners, not a one way secretive street.  We have not heard any news from the HOA board for a very long time as to what they are doing with our money. 

Unless the HOA board provides us with a good reason for the 25% (possibly) illegal increase, the HOA increase (by law) must be $120.00 maximum.

Sincerely,

James E. McGrath

[Kim McGrath]

I'm sending them $120.00 + a note!!!   K

Sent from my iPad

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<Cal HOA Laws.pdf>

[James McGrath]

Hi Mary,

What have you accomplished with regards to the HOA dues increase beyond legal limits, and the past due 2014 budget?  The past 2011 budget included January 2011 through December 2011; therefore, the new fiscal year for 2014 should start January 1, 2014.

The Davis-Sterling Act, Civil Code 1366(b), places 20% cap on regular dues.

Please respond as to what your course of action will be.  Do we have to resolve this issue per CC&Rs Article XXVII, Resolution of Disputes?

James McGrath

----- Forwarded Message -----
From: James McGrath <jmc...@sbcglobal.net>
To: Mary Keshishian <MKesh...@themichaelsorg.com>
Sent: Thursday, November 28, 2013 12:07 AM
Subject: Fw: Increase for 2014 HOA dues

[John]

James,

 

I don’t seem to be able to get a response to this issue either.  I included the G-8 folks on my original note since they are actually the controlling party.  I don’t know if they are ruminating over a response or just choosing to ignore it.  I would have hoped that since they have 50 empty units and they must be legally bound to pay their HOA dues, that they would be both responsive and open.  It does not appear to be the case.

 

Let me know how you think we should proceed.  This is the least communicative and most secretive HOA I have ever experienced. 

 

Thanks,

 

John

 

From: la-mir...@googlegroups.com [mailto:la-mir...@googlegroups.com] On Behalf Of James McGrath
Sent: Tuesday, December 03, 2013 4:00 PM
To: Mary Keshishian
Cc: la-mir...@googlegroups.com; Jamie Koski
Subject: Fw: Increase for 2014 HOA dues

 

Hi Mary,

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[James McGrath]

Hi Mary,

Please respond to the two issues shown below.  Time is running out regarding the $125.00 illegal HOA fee issue, because the fee is due 1/1/2014. 

Jim

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From: Mary Keshishian <MKesh...@themichaelsorg.com>
To: James McGrath <jmc...@sbcglobal.net>
Cc: "la-mir...@googlegroups.com" <la-mir...@googlegroups.com>; Jamie Koski <jko...@themichaelsorg.com>
Sent: Wednesday, December 4, 2013 6:04 AM
Subject: Re: Increase for 2014 HOA dues

Good Morning James: Thank you very much for your email. I will be returning to the office this morning and will respond to all concerns. 

Thank you ,

Mary Keshishian, CPM

The Michaels Organization 

Interstate Realty Management Co

818-679-8154 (c)

<Cal HOA Laws.pdf>

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[James McGrath]

John,

Can you advise Mary who the board members are?

----- Forwarded Message -----
From: Mary Keshishian <MKesh...@themichaelsorg.com>
To: James McGrath <jmc...@sbcglobal.net>
Cc: "la-mir...@googlegroups.com" <la-mir...@googlegroups.com>; Jamie Koski <jko...@themichaelsorg.com>
Sent: Sunday, December 22, 2013 8:42 PM
Subject: Re: Increase for 2014 HOA dues

The fee will remain $100 for Jan 2014. You will receive a new notice regarding an increase , to take effect Feb 2014. 

Let's talk tomorrow regarding the 2014 budget. We've generated one internally for distribution. However, I would imagine we would need board review/approval. Can you please advise who the members of the board are?

Thank you, 

Mary Keshishian, CPM

The Michaels Organization 

Interstate Realty Management Co

818-679-8154 (c)

[James McGrath]

Mary,

I'll find out who the board members are and get back to you.

I would love to talk to you tomorrow about the budget.  I will be taking my wife to two doctors in the Beverly Hills area, so that will take most of the day.  One doctor in the morning and one in the afternoon.  I'll try to give you a call mid day, because I'll get back late to Anaheim.  

Thank you for your response.

Jim

---

From: Mary Keshishian <MKesh...@themichaelsorg.com>
To: James McGrath <jmc...@sbcglobal.net>
Cc: "la-mir...@googlegroups.com" <la-mir...@googlegroups.com>; Jamie Koski <jko...@themichaelsorg.com>

Sent: Sunday, December 22, 2013 8:42 PM

Subject: Re: Increase for 2014 HOA dues

The fee will remain $100 for Jan 2014. You will receive a new notice regarding an increase , to take effect Feb 2014. 

Let's talk tomorrow regarding the 2014 budget. We've generated one internally for distribution. However, I would imagine we would need board review/approval. Can you please advise who the members of the board are?

Thank you, 

Mary Keshishian, CPM

The Michaels Organization 

Interstate Realty Management Co

818-679-8154 (c)