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Posted By JerryD5 on 05/01/2015 6:09 AM
I am on the board and we faced a lawsuit (filed in small claims court) by one of the homeowners last year. Their case was dismissed before the judge even heard any arguements because the homeowners made some serious tactical errors. One, they sued our PM but should have sued the board (but serving the PM as our agent). Plus, they were asking for reimbursement of fines/fees they were assessed but hadn't paid. Those errors would have been caught if they had consulted a competent attorney. In the end, they tried to go it alone. All I can suggest is that be sure you have a strong case. Obviously, small claims court is much easier and less expensive way to go (though there is a limit you can sue for) and you can do it yourself. If you go through regular court, it is much more expensive.
Small Claims courts usually have some severe limitations on what issues they may decide. It sounds like this owner was seeking a declaratory judgment that he did not owe his HOA the money for the fines and/or fees; in my state any action for declaratory judgement, regardless of the amount, must be filed in Superior Court.
Regardless of the court, a plaintiff must name the proper parties he is proceeding against and he must serve process on the persons identified in the statutes or by rules of court. Failing to abide by those simple rules is fatal to a case.
The average person (and that includes nearly all HOA board members) knows little about the law and how to protect their rights. Long ago I concluded that many people, businesses, and organizations, perform illegal acts against others mostly out of ignorance of the law rather than an intent to cause harm. The victims seldom seek justice because, being ignorant themselves, they do not know they have been wronged or they feel the cost of seeking justice is either beyond their means or not worth the effort.