Small claims court results

1. Court found board violated the Open Meeting Act and fined it what I had requested, $1. Order said the 5 subjects discussed all related to litigation, as one violation.
2. 2 records requests were moot because board turned them over just before trial. 3rd, the recording wasn't listed under 5200 so that was denied but I had a copy already, just not a perfect one.
3. Court ordered board not to share my personal information with anyone.
4. Court granted me costs.

Thanks!

Discussions of items of business not on the agenda posted with the notice was the violation. I claimed 5 different subjects but the judge decided, and she was right, that all the subjects related to the one subject of litigation which was not on the agenda.

The board had claimed it wasn't really a board meeting so they would be subject to the Open Meeting Act. They claimed it was "an informational town hall." I explained why it was a board meeting and they lost.

Every HOA should have a person like you living in their community.

For what?

What expenses? How much?

Let me interrupt you for a minute. Then you can return your head to its regular place in the sand.
My costs were $58. The fine which I requested and was granted was $1. (one dollar).

Melissa - why don't you give it break.

In California, the cost to file a small claims court case is around $30. I am sure you could have easily googled that for yourself, but instead, you decided to post another one of your rants.

I am quoting what Terri posted in the past. That it cost $5K for a case. This would be expenses one would ask for the court to award as expenses or costs. Sounds like just the filing fee and 1 dollar fine was allowed.

Melissa, you're wrong. the $5,000 was not about small claims court. If you insist on smearing Terri this way, at least have the decency to locate her quote about the $5,000, surround it with quotation marks, and paste it here for all of us to see. Make sure you include the date of said post.

If we don't see it, we all can assume that your memory is flawed and that you owe Terri an apology.

I think something got lost in translation. From an earlier thread:



See https://www.hoatalk.com/Forum/tabid/55/forumid/1/postid/353588/view/topic/tpage/2/Default.aspx for what appears to be an elaboration that TerriS6 did not mean one pays $5k to file.

Good grief, the claim amount is $5,000., not the filing fee. Who would even believe that?

I see you've joined the stupid club.

Before you sort of elaborated, I too thought you were saying your total costs were about $5000.

Given the cost of an attorney these days, it's completely believable that someone filing a claim in small claims court paid an attorney $5000 to review the CC&Rs and state law.

I see no need for Melissa to apologize. Cut the person a break.

Someone who simply wanted injunctive relief and felt the judge would order reimbursement of attorney fees, pursuant to California statute on the subject. You should know better.

Around 2013, the cost just to review the roughly 75 page Declaration and bylaws of my former condo was running around $3000.

My writing here is garbled and/or poor in nearly every post. Yours could use a lot of work too AFAIC.

BTW when you said won costs back that was just the filing fee the court awarded. Were you leaving out the fact the lawyer expenses were not awarded? A court can award those to be paid back besides filing fees alone. That is why I smell some missing details on your real perceived "win". Does not read as much to me.

I have absolutely never ever said that no member did not have a good reason to sue their HOA. I am tired of people saying and indicating that by my statement of suing your HOA is suing yourself and your neighbors. Right or wrong this is the CONSEQUENCE of doing so.

You have consequences to you our actions. The facts are facts. The HOA is funded solely by it's member for it's Operation. You sue your HOA the dues money collected will go pay the HOA lawyer to defend itself in court. The HOA lawyer is NOT your lawyer. It is the lawyer hired by the HOA as it needs to have one to appear in court against your lawsuit.

It is up to a judge after that who incurs expenses and who is right. I do not care if you like it or not. This is the price you pay for filing a lawsuit. Plus putting your HOA credit at risk and fewer loans options to potential buyers. Oh and possible higher refinance rates.

The solution is usually resolved by internal hard work and not external force.

There were no legal fees.

BTW, if the plaintiff loses, they cannot appeal the decision.

Terri

You need to be careful. If the board tires of your antics, they may pursue this in Superior Court when legal fees on both sides go through the roof.

Or do you think the judge is a clown for ruling in my favor?

Not true about the lawyer. A HOA is a corporation. It has two choices in court. 1 hire a lawyer to represent. 2. Allow someone to go to court to represent them. I not being an idiot would not ask my next door neighbor who works for Popeyes to represent me or the HOA in court.

Terri can not seem to understand why the HOA does not like them. Wants to keep their name and information private as if no one knows they are the side in lawsuit will keep them protected or no one can say anything to them. Reality check. Your address and name is not private information. Your address is on your front door or mailbox. Only private information they can not release is email address and maybe phone number. Wow what a win.

I'm sure their lawyer can manufacture a good enough case to start off with.

Not likely - against a member who's never been late paying assessments and never violated any restriction.

For $59.? I don't think so. Lots of lazy minds on this forum.