enforcement of a court order

Started by JaimeR1 • 4 replies • 1660 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

JaimeR1 (California)
Posts: 18

Posted:

I am a member of a California HOA consisting of 2 units.
This is the 2nd time the other member violated the CC&R.
Last time I had to threaten a law suit so he agreed to conditions.
This time I think we'll have to sue. But I'm concerned that even
after he receives a court order to comply he'll simply ignore it.
What can I do to enforce a court order and make him comply.
The issue here is interference with the use and enjoyment of property, disturbance of the peace.
Any help is welcome

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Quote:

Posted By JaimeR1 on 06/09/2012 5:21 PM
I am a member of a California HOA consisting of 2 units.
This is the 2nd time the other member violated the CC&R.
Last time I had to threaten a law suit so he agreed to conditions.
This time I think we'll have to sue. But I'm concerned that even
after he receives a court order to comply he'll simply ignore it.
What can I do to enforce a court order and make him comply.
The issue here is interference with the use and enjoyment of property, disturbance of the peace.
Any help is welcome

Refusal to comply with a court order is called contempt of court. The court can usually issue sanctions to force compliance with its orders.

JM10 (California)
Posts: 503

Posted:

Only two units?! That's tough. First things first. Disturbance of the peace usually involves calling the police to enforce.

Small claims court doesn't always go the way one would wish because it's really a court of equity. They try to work things out.

Enforcing a court order usually means going back to court.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Your state may have statutes addressing non-compliance with a court order. In Arizona, for example, there is a statute making it a criminal offense to disobey a court order and another that defines non-compliance as interference with the courts. Depending on the circumstances, the offender may be dragged off to jail or the police may only issue a ticket.

You might want to research whether your local municipal court can issue injunctions to address your problems. In AZ, there is an injunction to prohibit harassment that can be obtained from a justice court or municpal court at no charge. Once it is served on the other party, the statute provides that he will be arrested for any violation of the injunction even if the police are not present when the violation occurs.

RogerB (Colorado)
Posts: 5,067

Posted:

Jaime, in Colorado my experience has been that the HOA goes back to Court to secure a Contempt of Court Citatation. Then if the owner fails to comply the HOA can go back to Court and depending on the Court Order:
a) obtain a bench warrant for their arrest;
b) remove or correct a violation of restrictions; or
c) initiate Judicial foreclosure on the Unit for unpaid assessments.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here