SusanS9 (California)
Posts: 56
Posts: 56
Posted:
Can a homeowner sue the Association and/or individual board members in Small Claims Court if the board believes the Association is not responsible for the problem?
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Small Claims Court Suits
Started by SusanS9 • 9 replies • 3414 views
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GlenL (Ohio)
Posts: 5,491
Posts: 5,491
Posted:
Yes unless the amount they are seeking is greater than the cap allowed in S.C.
Studies show that 5 out of 4 people have problems with fractions
WilliamS1 (South Carolina)
Posts: 113
Posts: 113
Posted:
Yes - As far as I know, a homeowner can sue a Association but not an individual board member. Usually board members are protected under bylaws with indemnity.
I think!
Take Care
I think!
Take Care
JonD1
Posts: 2,350
Posts: 2,350
Posted:
William:
In reality someone can file suit against Board members as individuals. Most courts will allow such a filing. Then it is up to the court (judge)to determine that in most cases it is not permitted under the law. But by then you might have to appear to explain to the court, through your attorney why the suit is improperly filed.
Sadly, many courts are not aware of the applicable laws under which condos/HOAS are governed. And depending on the court may allow actions which should never have been allowed to be filed in the first place.
The American legal system, you've got to love it!
In reality someone can file suit against Board members as individuals. Most courts will allow such a filing. Then it is up to the court (judge)to determine that in most cases it is not permitted under the law. But by then you might have to appear to explain to the court, through your attorney why the suit is improperly filed.
Sadly, many courts are not aware of the applicable laws under which condos/HOAS are governed. And depending on the court may allow actions which should never have been allowed to be filed in the first place.
The American legal system, you've got to love it!
JackieB (California)
Posts: 198
Posts: 198
Posted:
I was in court Friday, appealing a prior small claims suit/ruling that violated our CCR's. Am awaiting the ruling after material reviewed by a real
judge (this time) instead of a "wantabe". I am too supersticious to mention details at this time, but feel hopeful.???
Yes, in CA the HOA can be taken to SC court.
judge (this time) instead of a "wantabe". I am too supersticious to mention details at this time, but feel hopeful.???
Yes, in CA the HOA can be taken to SC court.
JonD1
Posts: 2,350
Posts: 2,350
Posted:
Jackie:
Good luck.
Sometimes though being in the right does NOT assure you will come out well in court.
Judges can and do make new law when they either don't understand or don't bother to research the law governing property such as ours.
Sad truth is our legal system cannot be relied on as a source of justice or law enforcement.
One recent case in NY was ruled in favor of a property owner who violated the CCRs and the judge ruled that was A OK for thme to do so.
Let us know how you make out.
Good luck.
Sometimes though being in the right does NOT assure you will come out well in court.
Judges can and do make new law when they either don't understand or don't bother to research the law governing property such as ours.
Sad truth is our legal system cannot be relied on as a source of justice or law enforcement.
One recent case in NY was ruled in favor of a property owner who violated the CCRs and the judge ruled that was A OK for thme to do so.
Let us know how you make out.
JackieB (California)
Posts: 198
Posts: 198
Posted:
Jon,
Your words are soooooooo true. I would never expect a "judge" (if you get one) to do research to fully comprehend the problem. But when you
hand it to them (CCR's, photos, emails, arial photos, Davis-Stirling law
(CA only).......etc, etc........and they just stare back at you without
any questions..."take under review"........it makes me believe that many
court systems view the HOA Board as the "bad guys/gals". This was suggested to me from legal counsel. Scarey being a volunteer.
Your words are soooooooo true. I would never expect a "judge" (if you get one) to do research to fully comprehend the problem. But when you
hand it to them (CCR's, photos, emails, arial photos, Davis-Stirling law
(CA only).......etc, etc........and they just stare back at you without
any questions..."take under review"........it makes me believe that many
court systems view the HOA Board as the "bad guys/gals". This was suggested to me from legal counsel. Scarey being a volunteer.
JonD1
Posts: 2,350
Posts: 2,350
Posted:
Jackie:
Through my life I have learned regarding the legal system.
If you think being right makes you a winner you are wrong.
If you think most judges understand in detail the facts of each case, they do not.
If you think most judges bother to review all the material put into evidence, they don't. Neither do their clerks.
If you think most courts have a desire to administer justice in a timly fashion, they don't.
If you think any judge really cares as to how their decisions affect those involved, they don't.
The legal system is a joke. IMO. There is different justice for different people, who you know plays a role in the outcome of cases, there is no regard to time or cost for the parties involved, people are allowed to abuse the sysytem to seek vengance, and many judges serve far to long and lose any contact with reality and the real world.
The system is designed to feed itself and move as slowly and costly as possible for those who make a living through it, while draining those brought to court with no regard to outcome or affect.
Ever sit in on a civl proceeding? There is no end because people stop making money if a case is settled or terminated.
Making sense to a judge and providing clear evidence supporting your case means nothing. Sad but true.
Through my life I have learned regarding the legal system.
If you think being right makes you a winner you are wrong.
If you think most judges understand in detail the facts of each case, they do not.
If you think most judges bother to review all the material put into evidence, they don't. Neither do their clerks.
If you think most courts have a desire to administer justice in a timly fashion, they don't.
If you think any judge really cares as to how their decisions affect those involved, they don't.
The legal system is a joke. IMO. There is different justice for different people, who you know plays a role in the outcome of cases, there is no regard to time or cost for the parties involved, people are allowed to abuse the sysytem to seek vengance, and many judges serve far to long and lose any contact with reality and the real world.
The system is designed to feed itself and move as slowly and costly as possible for those who make a living through it, while draining those brought to court with no regard to outcome or affect.
Ever sit in on a civl proceeding? There is no end because people stop making money if a case is settled or terminated.
Making sense to a judge and providing clear evidence supporting your case means nothing. Sad but true.
AdrianaS (California)
Posts: 48
Posts: 48
Posted:
JackieB, I am curious to find out your results,and would like to know if y are an attorney, or an owner. I might be also filing a small claims court suit, but the Board, want to pre-suit mediation,and I know that is a waist of time, at least on my case....Good luck..
JackieB (California)
Posts: 198
Posts: 198
Posted:
not an attorney......RN/Nurse practitioner for millions of years. Also active on BOD and committees for 7 years. If you are suing the BOD,
ie: "yourself" since they represent each homeowner, mediation is truly the way to go. Many states require it.
ie: "yourself" since they represent each homeowner, mediation is truly the way to go. Many states require it.
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