Older sets of CC&Rs often have no provision for special assessing individual members for reimbursement of expenses incurred by the association repairing common areas damaged by such members or their guests or tenants. However, the Davis-Stirling Act allows boards to impose reimbursement special assessments in the form of a monetary charge and to collect it through lien and foreclosure (provided the authority to impose a lien is in the governing documents). Civil Code §1367.1(d).

Hearing. Before a reimbursement special assessment is levied against an owner, the owner should receive written notice of a hearing at which the assessment may be levied so the owner has an opportunity to present evidence as to why the assessment should not be levied. The board should make sure any expenses are clearly documented and the documentation is provided to the owner.

Collection. If the owner refuses to pay for the damage he/she caused, the association may lien the owner's unit and foreclose as provided for by statute. Contact us if you would like to amend your CC&Rs to provide for reimbursement assessments.