San Clemente HOA Roof Fee Controversy: Residents Fight $26,000 “Emergency” Charge

A community in Southern California is in turmoil as homeowners at the Villa Moura condominium complex in San Clemente struggle to cope with a sudden and staggering financial demand. The homeowners association (HOA) has imposed a more than $26,000 emergency assessment for roof replacements, sparking a heated legal and emotional battle among residents.

The Financial Strain on Villa Moura Residents

For many, the San Clemente HOA roof fee is not just a bill—it is a threat to their housing security. The assessment has left residents questioning the legality of the charge and the fiduciary responsibility of the HOA board. One resident, 81-year-old Beverly Albright, shared a heartbreaking reality: the cost may force her to leave the home she worked her entire life to afford.

The financial burden is widespread across the 198-unit complex. Homeowners like Megan Blanda have criticized the board’s suggestions to secure loans, tap into home equity, or deplete retirement savings to cover the cost, calling such alternatives “unacceptable.”

Emergency or Deferred Maintenance? The Legal Dispute

The core of the conflict lies in whether the roof work truly qualifies as an “emergency.” According to Noah Martin, a homeowner at Villa Moura, the project does not align with the California Code of Regulations, 5610. He argues that the situation is a clear case of deferred maintenance rather than an immediate emergency, which should have granted the members the right to vote on the matter.

Residents claim that the HOA board has known about the need for tile roof repairs for years and that the roofs are not currently leaking. They argue that only the underlayment requires replacement, not the entire tile system, and are demanding a competitive bidding process to ensure the best price for the community.

Payment Options Imposed by the HOA

Facing the pressure of potential property liens, residents were offered three restrictive payment paths:

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• Full Payment: Paying the entire $26,000+ assessment upfront.
• Split Payment: Dividing the total into two large installments.
• Monthly Plan: Adding over $2,000 to monthly payments for six months, followed by $400 monthly thereafter.

Can Homeowners Refuse to Pay?

Many residents are seeking legal counsel to recall board members or file lawsuits. However, legal experts warn that the path to victory is difficult. Michael Kushner, an HOA expert attorney with MBK Chapman, explains that under California law, homeowners generally cannot withhold payment even if they believe an assessment is illegal.

“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,” says Kushner.

Community Support and Next Steps

In the face of adversity, the Villa Moura community has turned to solidarity. A GoFundMe page has been established to support elderly and low-income residents who cannot afford the steep San Clemente HOA roof fee.

While the HOA board has declined to comment due to ongoing legal matters, the residents remain determined to hold the leadership accountable and protect their homes from unfair financial assessments.