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Posted By BobD4 on 05/21/2019 7:17 AM
Upfront is a claimant's condo or other governance organization, actually a genuine arms length "THIRD PARTY" to be interfered with ?
Do you think there is a contractual relationship between a HOA corporation and HOA members?
I also bear in mind that the courts often view HOAs as partial landlords, with specific contractual obligations deriving from the HOA's covenants.
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Posted By BobD4 on 05/21/2019 7:17 AM
Exactly what's being interfered with?
My take: The HOA corporation's covenants evidently require a member to receive approval to do certain repairs in or about the member's units. Defendant Joe deprived the Plaintiff Kacie of any chance of receiving approval from the HOA for a repair that required the HOA's approval.
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Posted By BobD4 on 05/21/2019 7:17 AM
Is it some sort of a right to due process whose denial triggers compensation ?
The law (case law and constitutional law) requires "due process" when a HOA member is accused of a violation. I do not see that the HOA member was accused of a violation in this instance.
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Posted By BobD4 on 05/21/2019 7:17 AM
That's as opposed to trying to unseat someone or lining up to seek a conventional court order for performance ?
Plaintiff Kacie did not seek either of these. All she sought was to get her covenant-required application for approval before the HOA. Defendant Joe refused to put her application before the HOA.
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Posted By BobD4 on 05/21/2019 7:17 AM
And specifically : How long - for example - should a President or manager be allowed to conduct diligence before triggering the "tort" ? And what kind of diligence ?
It appears to me that Defendant Joe flat-out maintains diligence was completed. Defendant Joe, at best acting ultra vires (and so unlawfully), concluded that the required application need not be reviewed by the HOA.
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Posted By BobD4 on 05/21/2019 7:17 AM
This Van Nuys California owner may be lucky enough to live in a jurisdiction that seems to be friendly to the remedy.
I think where Plaintiff Kacie was lucky was in getting Defendant Joe to agree to legally binding arbitration. Plaintiff Kacie saved a fortune in time and/or money. She got on record that a single director, even the President, can neither speak nor act for the HOA as a whole in matters like this.