Small claims court: Is a BoD time free?

-- Are you a director?

-- If you are a director, does the association pay for your time? Some associations do have provisions where directors may be compensated. This rarely happens. Still I want to cover all bases.

-- I will assume you are not an attorney.

-- Did the Board authorize you do to this legwork (preparing a complaint, a.k.a. lawsuit, to be filed in small claims court)?

-- Whatever the answers above are, from my reading about reimbursable court costs; attorney fees; and the like, I think a judge would not award the HOA/COA the value of your time.

-- I do understand the pro se strategy, used particularly in small claims court, of not using an attorney. Do make sure this is allowed in South Carolina. Some states' corporate codes may require a corporation to use an attorney in any court proceeding, even small claims.

May I add that a HOA is a corporation. It typically is incorporated. As a corporation it has to be represented by a lawyer in court (any court) OR have appointed a member to represent the HOA in court. Which judging how well Charles Manson has done representing himself in court not sure many HOA members would support a non-lawyer person doing that.

Plus why is there a need/want to file a lawsuit against a vendor? Vendor's are insured for damages. So any damage they may have done is an insurance claim. If they did not finish a job, a mechanic's lien can be filed against them for money owed. (They can do this vice-versa too). Why does this have to be a small claims case?

Is the HOA involved in this and approved? You would be representing the ENTIRE membership. Not sure if your work would be considered "damages" for the court to award. It's not a paid position. Most likely would not get this money back or compensated.

In fact, in South Carolina, and as I am betting Greg already knows, non-attorneys may represent corporations in small claims (a.k.a. "magistrate") court. See

-- https://www.scstatehouse.gov/code/t33c001.php"

"SECTION 33-1-103. Designation of representation in magistrates' court; unauthorized practice of law.

A corporation or partnership, as defined in this section, may designate an employee or principal of the corporation or partnership to represent it in magistrates' court. This designation must be in writing and must be submitted to the magistrate at the time the initial pleading in the case is filed by the party. Notwithstanding the provisions of Chapter 5 of Title 40 or any other provision of law, the person so designated, while representing the corporation or partnership in magistrates' court, is not engaging in the unauthorized practice of law.

As used in this section, a corporation or partnership is defined as a general partnership, a limited liability partnership, a limited liability company, a limited partnership, a professional association, a professional corporation, a nonprofit corporation, a business corporation, or a statutory close corporation."

-- In re Unauthorized Practice of Law Rules Proposed by S.C. Bar, 422 S.E.2d
123, 124 (S.C. 1992), at https://casetext.com/case/in-re-unauthorized-practice-of-law-rules

Still BS, Melissa. Contrary to what you posted, in many states a non-attorney is not an option for representing a corporation in at least the state court levels.

Absurd request.

No you won’t get a penny unless you’re contracted with the HOA. No, you cannot take the vendor to small claims because you have no actionable claim. Only the HOA does.

You act like you won already.

You could put in a derivative claim but any claim rewards would go back to the HOA. Again, absurd request especially for such a low amount. If anything, you’ll probably end up owing the vendor for their time to defend the claim.

Can you provide more details on this, you’re a volunteer? what exactly did you spend time doing? Why the insurance attorney is not involved? Are other volunteers seeking money as well? This is way out there.

From the looks of other posts by GregM14 (the OP), the signs are strong that he remains a director on his HOA's Board.

I can understand getting reimbursed for photocopying, parking (when going to th courthouse to file the lawsuit), but unless we're talking about expenses where you have written verification, I don't see you getting compensated for your "time."

You're supposed to be a volunteer and I believe you've had other posts where you complain about the amount of time you spend on association business. If you have a property manager, why aren't you getting him or her to do the work? If an attorney is going to represent the association , why isn't he or she preparing the case? That's what they're paid to do.

I understand and appreciate your time is important to you, as it should be, but you didn't say If the board asked you to do this. When they did, THAT was the time where you could have asked about this. Of course, you do know if you did get paid, you'd have to list this as income on your taxes returns, don't you?

And how do you come up with a price for your personal time? Is it by the job or the amount of time you out into it? How is THAT documented? Does the association get a or if adjustment if the rest of the board is dissatisfied with your work? This can get complicated and start a nasty trend when no one will be willing to do what's necessary unless they get paid.

Volunteer work can be as involved as you want it to be and maybe it's time you decide once and for all how much time you're willing to put in this. I think on one of your previous pists, I suggested that everyone on that board should have an area to oversee. it shouldn't have to use up all your free time, especially if you take the time to organize. If everyone does a little bit, the work will be done in less time