President Charged Owner For His Time Off Work To Attend Court President Is Unemployed

I was recently accused of violating a rule, the hearing was unfair, there were no witnesses other then the Board President, who was also the witness to the violation. This is just one of many violations I have been accused of by the Board President. The Board found me guilty of the violation and I was charged a fine of $550.00. I took the Board to Small Claims court, and the Board counter sued, both cases were dismissed. However I received a bill from the Association for $140.00, stating the fee was for the Board President's time he had to take off work and mileage and travel time. The Board President is unemployed, he is a volunteer Board member, he spends every minute of the day and night on the property, posted up in several different areas waiting to catch an owner violating a rule. He is most definatle unemployed, I have owned my condo for 6 years, and he has never had a job. Is this legal for him to do, charge me this fee when he holds no paying job? What can I do?

Also, I have one other question. Our CC&R's state that a Board member must be an owner in good standing and current on HOA fees. Currently we have two Board members that are not owners, one Board member is the Board President's tenant, and was also hired by the Preisdent as Manager when he lost his job and could not pay his rent, the job was given to him so that the Board President would continue to get his rent. The position was not made available to anyone else nor did we as owners know it was available. The other non-owner Board Member does not even live in the same state, he use to own here, but sold his condo two years ago, but is stil an active Board member. Is this a legal Board?

No he can't charge this money to you. Even the court does not reimburse for these expenses. They consider the cost of taking off work the prices of justice. Meaning taking off work that is not recoverable if you want to pursue your rights to sue someone in court. Plus your President is to be an unpaid volunteer. Even if he had the right to charge, it would have to based on reality and not a made up salary. There is an actual price to labor like minimum wage. That would be the amount owed. I would tell him go back to court and file. Although suing your HOA is suing yourself and your neighbors. It works in reverse too...

Check your documents. Does it state owners are only one allowed to be on the board? If so, then hold a recall and find some qualified candidates to take their places. Majority rules in a HOA. Don't like what is going on then do the job yourself or find someone else to do it. Just don't complain if you let someone else do the job on your behalf. You get what you voted for.

When a party sues or is sued in court, the prevailing party is awarded his costs including witness fees. Both the suit and countersuit were dismissed and it appears that neither party was awarded his costs. The association is now trying to make an end run around the court's judgment and assessing you for costs that they were denied.

In addition, witness fees in civil cases are nearly always laughably small. Twelve dollars a day and ten cents a mile is typical but the actual amount will be found in state law. If the association prevailed, which they did not, and had been awarded costs, which they were not, then the amount owed would have been about $20.