Foothills Townhome Association v. Christiansen

In Foothills Townhome Association v. Christiansen (1998) 65 Cal.App.4th 688, a homeowners association imposed a special assessment of $1,300 against each owner. The assessment was to replenish the association's reserve fund, which had been depleted paying for storm damage. The reserve fund could be used for purposes other than storm damage. An owner challenged the assessment as violating former section 1366.1. The court upheld the amount of the assessment on the ground that there was no showing that the usual reserve balance was excessive or that the amount of the assessment pushed the fund above its usual balance. (Foothills, supra, at p. 694.) The court did not require a precise correlation between the amount of the assessment and the cost for which it was levied.