Former HOA President Filed Small Claims Complaint Out of Spite

Started by LauraR6 • 6 replies • 1502 views

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LauraR6 (Arkansas)
Posts: 2

Posted:

Our HOA president recently resigned at the request of many residents. Within a week prior to our meeting in which we announced the new board members, the former president filed a small claims suit on behalf of our HOA against one of our residents she does not like for something she says occurred in 2011 (leaving a bag of coke cans in a closet after using our clubhouse for a gathering: she says it led to a mold problem that she had to have repaired for $300). It's obvious she did this out of spite. She did not talk to board members prior to filing this suit, and we do not back it. I've been asked to request a dismissal from the court, but I'm new to the board so I'm not sure what exactly to do. Any suggestions?

JonD1
Posts: 2,350

Posted:

First thing would be to get a copy of the complaint.

If the former President was off the Board at the time they had no authority to file on behalf of the property.

If their leaving had not yet occurred I would think a representative from the current Board could drop the matter.

Do you not have an attorney who represents the property?

I would not want Board members either filing or defending actions in SCC.

GOOD LUCK.

LarryB13 (Arizona)
Posts: 4,099

Posted:

File a Motion to Dismiss with the court and mail a copy to the defendant. This need not be elaborate. Something like the following:

[Name of Court]

Case number _____

[name of HOA, Plaintiff] v. [name of defendant, Defendant]

Motion to Dismiss

This action was commenced in the name of [name of HOA] by a former officer of said association without knowledge or approval of the Board of Directors thereof. Said Board does not wish to pursue this matter and hereby requests that this Court dismiss this action without prejudice.

Dated this ___ day of ____, 2014.

/signature/
[Name and Title]

TimB4 (Tennessee)
Posts: 21,059

Posted:

Go to the courthouse, tell the clerk what you want to do, they will provide you with the necessary paperwork.

While you are there, make sure that there is no counter claim attached to the legal action that also needs to be dismissed.

LauraR6 (Arkansas)
Posts: 2

Posted:

Thank you all, especially for the template. I went to the court clerk to find out if there was a specific form. There was not. So I asked if there was a specific format for the letter I needed to write. I got the helpful reply, "I'm not a lawyer. I can't tell you what to say." I'm writing the letter now. Thanks again for your help.

DouglasK1 (Florida)
Posts: 2,046

Posted:

Quote:

Posted By LauraR6 on 11/10/2014 11:07 AM
So I asked if there was a specific format for the letter I needed to write. I got the helpful reply, "I'm not a lawyer. I can't tell you what to say."

Generally speaking, the people in the clerk's office are not allowed to give legal advice and will avoid saying anything that could remotely be construed as such. For example, if the clerk gave you a copy of a similar letter (with particulars removed), you used it as a template, and for some reason the judge denied the motion, you might go back and say "but the clerk said ...".

Escaped former treasurer and director of a self managed association.

JohnB26 (South Carolina)
Posts: 1,001

Posted:

affix the corporate seal if available as well as the secretary's signature

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