RosinaD (California)
Posts: 8
Posts: 8
Posted:
Our HOA has several owners who are staying just below the $1800. that is required to foreclose in CA and they apply their payments so that they will never be 12 months in arrears. We would like to exercise our right to collect in small claims court but we have some questions:
1. Do we have to file a lien before we go to small claims court?
2. How do you serve an owner who does not live in the state of CA?
3. Are there any restrictions on the # of times that the HOA can use small claims court/year?
4. Are there any restrictions on how many times an HOA can take the same owner to small claims court in a year?
The Davis Stirling Act says that we must give them our delinquency policy or we may lose our right to due process. If they went through escrow and the escrow company did not give them the delinquency policy, does that mean that we could lose our right to the legal procees if they go into arrears before the 1365 documents get mailed out for that year?
We would really appreciate help from those who are knowledgeable concerning the law in CA
1. Do we have to file a lien before we go to small claims court?
2. How do you serve an owner who does not live in the state of CA?
3. Are there any restrictions on the # of times that the HOA can use small claims court/year?
4. Are there any restrictions on how many times an HOA can take the same owner to small claims court in a year?
The Davis Stirling Act says that we must give them our delinquency policy or we may lose our right to due process. If they went through escrow and the escrow company did not give them the delinquency policy, does that mean that we could lose our right to the legal procees if they go into arrears before the 1365 documents get mailed out for that year?
We would really appreciate help from those who are knowledgeable concerning the law in CA