Full Breakdown
Villa Moura Condo Homeowners Challenge $26,000 Emergency Roof Assessment
9/1/2026, 2:03:39 AM
Emergency Assessment and Resident Reaction
The homeowners’ association at the Villa Moura condominium complex in San Clemente announced an emergency assessment of more than $26,000 for each of the 198 units to fund a roof replacement. Residents say the cost creates an immediate financial strain, especially for seniors and retirees. Some homeowners have organized a recall effort targeting board members and have filed a claim alleging the board violated state law. The board has warned that non-payment could result in liens on individual properties.
Legal and Financial Context
Owners argue the roofing project does not meet the definition of an emergency under California Code of Regulations 5610, contending it is “deferred maintenance” that should have been addressed through a vote. The association offered three payment structures: a lump-sum payment, two installments, or an additional $2,000-plus monthly surcharge for six months followed by $400 thereafter. A GoFundMe page has been created to assist those unable to meet the assessment. When asked for comment, the HOA board declined, citing ongoing legal matters.
Expert View on HOA Assessments
Legal analyst Michael Kushner, an attorney with MBK Chapman, explained that California law does not permit homeowners to withhold payment even if they believe an assessment is illegal. He warned that “homeowners have to pay those, even if they’re completely illegal. They have to pay them and then dispute them. California law doesn’t recognize the right of offsets, and you can’t withhold payment.”
Verbatim Quotes
- “I will have to move. And this was my... I've worked very hard to make it so that I could be here,” — Beverly Albright, resident
- “It didn't fit under the California Code of Regulations, 5610. Clearly, it was not an emergency; it's a deferred maintenance. And so, then we as members should have a vote on how we want to take care of the roofs,” — Noah Martin, a homeowner at Villa Moura
- “Homeowners have to pay those, even if they're completely illegal. They have to pay them and then dispute them. California law doesn't recognize the right of offsets, and you can't withhold payment,” — Adam Dubin. Michael Kushner, an attorney and HOA expert with MBK Chapman
