Boards have a duty to impose regular and special assessments sufficient to carry out their duties under the governing documents. (Civ. Code § 5600(a); Park Place v. Naber.) Their primary duties are to (i) maintain the common areas, (ii) fund the reserves for maintaining the common areas, (iii) insure the common areas (per statute and the CC&Rs), and (iv) enforce the governing documents.
Most expenses can be anticipated through the annual budgeting process. When expenses are not covered by the budget, boards have options for unexpected expenses.
ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.