2026 SMPOA Homeowner’s Dues
Last year the SMPOA board voted to increase the mandatory annual dues of homeowners from $125 to $200. Later this month, we will be issuing an invoice to every homeowner in Sunset Mesa, and we request that dues are paid promptly.
Each year, the Board gets inquiries asking us to show where it says that dues are mandatory and explain what these funds are used for. The board duly responds to these inquiries and then a large minority of homeowners decide not to pay anyway. The board has never threatened to or sent unpaid dues to a collection agency or small claims court, and this board would never do that either.
But this year is different. The fire which destroyed the majority of homes in Sunset Mesa changed everything and paying your dues is more important than ever.
For the vast majority of homeowners that pay their dues on time, our sincere thanks. For homeowners that are legitimately interested in knowing the legal basis of the dues and what they are used for – please read on.
Use of funds
While both the SMPOA Board and Architecture Committee are made up of volunteers, we have had to radically re-structure our operations as a result of the fire and the resulting need to review and process over three hundred individual rebuild plans.
Insurance – we maintain D&O liability insurance to protect individual volunteers from the cost of litigation in the event we are sued for doing the job required of us by the CC&R’s and by-laws. This expense was increasing before the fire, and now, with the potential legal activity generated by the approval process, we expect this cost to increase dramatically this year.
Outside contractors: The board and AC utilize an outside architect, urban planner, bookkeeper and administrative assistant to get all of our work done. We are obliged to respond quickly to rebuild submissions, and it would be impossible to fairly and properly process all this work on a timely basis without this outside assistance.
Legal Fees: The SMPOA has always retained legal counsel to handle any legal questions that arise during the course of regular business. The fire has increased the need for this assistance dramatically and added the need to file and possibly defend the Association from litigation relating to protecting ocean views.
Business Services: The SMPOA utilizes various outside services to operate efficiently. These include PayHOA, Mail Chimp emailing, Google Business, Squarespace web hosting, QuickBooks accounting, Zoom Meeting service and last but not least we maintain an outside space facility to store the Associations historical records.
The SMPOA financials are posted each month on every member’s PayHOA documents folder and are available to be reviewed by members at any time. Let us know if you have any questions.
Are dues mandatory?
The short answer is yes.
The long answer is that the governing documents and California law establish a clear obligation for every homeowner to contribute.
1. The CC&Rs and Equitable Servitudes. Ownership of property in Sunset Mesa is subject to the recorded Covenants, Conditions, and Restrictions (CC&Rs). These covenants are "equitable servitudes" that "run with the land." By purchasing a home in this community, you have entered into a legal agreement to abide by the protections—and the costs—associated with the neighborhood.
The CC&Rs grant the SMPOA the authority to protect the mutual interests of all owners, most notably the preservation of ocean views. The power to perform these duties carries the inherent authority to assess the funds necessary to execute them.
2. The Bylaws of the SMPOA. Under the SMPOA Bylaws, the Board of Directors is explicitly authorized to set annual dues (currently $200). These Bylaws state that dues are mandatory and due on January 1st of each calendar year. These funds are not "donations"; they are the primary revenue stream for the California non-profit corporation that oversees your property’s governing restrictions.
3. Benefit of the Bargain. Every homeowner benefits from the SMPOA's enforcement of height restrictions and architectural standards. Payment of your annual dues ensures that the SMPOA remains a solvent, legally compliant entity capable of defending the beauty and value of your home. Please be advised that "Member in Good Standing" status—required for voting —is contingent upon the payment of these mandatory assessments.
Best of all, paying your annual dues entitles you to your Getty Villa card, which allows you to visit our world-famous neighbor at any time and without the need to reserve and pay for parking.
Please support your community by paying your dues.
Note: The Association's old accounting system automatically and erroneously emailed dues invoices on January 1st at the old rate. We asked all homeowners to ignore that invoice. If you paid that invoice, we will apply that payment against your new invoice.