Checklist needed for what is needed when going to court on assessments

Started by SetenaN • 5 replies • 1196 views

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SetenaN (Georgia)
Posts: 23

Posted:

When going to court to get a judgement on backdue assessments, what are the things needed to show the judge in order to win a case? I know to have the following:

A, Covenants and bylaws
B. Warranty deed where they signed off
C. Collection Letters that were sent ( especially certified ones)

Is there anything else when going to court that you need? Im trying not to use an attorney on these cases when it is easier to just have the correct information.

JS1 (Nevada)
Posts: 30

Posted:

IMHO- I would also suggest that your HOA have proof that you did not single this party, and that if called upon, you can prove that the actions taken are SOP (Standard Operating Proceedure). Additionally, If you are granted a judgement for the assessments, you may need some additional information for garnishment if you are allowed to go that route... but most HOAs I know put a lien on the unit. Is there a reason you are not seeking legal counsel on this??? Just wondering, as it's usually a better choice to have an attorney deal with this kind of stuff.

SetenaN (Georgia)
Posts: 23

Posted:

we are actually going in order of who owes the most, and not singling any one person out. By not using an attorney in the courtroom we were trying to save what little money we have. But if it is necessary, then we will just have to do so. We have sought legal counsel with the same questions-this area was just another area to ask while we were waiting for our counsel to answer.

Setena

RobertR1 (South Carolina)
Posts: 5,164

Posted:

SetenaN,

I would take anything that pertains to your problems. Especially, any State Statutes. If you get to do as you desire then be aware all the material you take should be well organized and especially filed where you can get it. I see nothing wrong with going to court to solve your problem, it is commendable.
It can go either way in a court, remember the judge will probably be a lawyer also.

You want to impress on the judge you did your homework. Do not quote any "he said, you said." I tend to be emotional about this stuff which I understand should not happen before the judge, but I don't buy that to some extent. Even though you are speaking for your association and put that foremost, it does not harm for the judge to know, you also believe in what you are doing is your obligation as a member to protect the association.

JS1 (Nevada)
Posts: 30

Posted:

When you prepare to make your case start out with the authority the board has... siting statute then down through the hierarchy to your governing documents. Because HOA laws are so specialized you may need to help educate your judge.

Pragmatic and to the point. Board's authority to collect assessments, process and notices/cc&rs, budget, notice of annual assessments, through publication of collection rules and letters, not making arbitrary or caprious actions to single one person out... (3 minute max!)

Think through it step by step.... edit it down, saying less is more. Final is: "given all the steps, this unit owners account shows after all attempts they did not pay their share of the assessments that are fairly distributed to all unit owners".

They may counter - But the board did this and this and that... These things are not the matter before the court, it is singularly, the matter of "they did not pay their share of the assessments that are fairly distributed to all unit owners". You are asking no more and no less.

You are not doing this TO THEM - depersonalize.... you are doing this for everyone else in the community, it is a contract that runs with the land and you are elected to the board, for the good of the whole community.

You will need to have bills to present to the judge to prove - assessments "plus cost."

RobertR1 (South Carolina)
Posts: 5,164

Posted:

JS1, You seem to have a very keen knowledge about all this HOA stuff, and I was particularly pleased that you mentioned "Running with the land."

I consider this to be a very important part of our documents in HOA's, yet is seldom gets mentioned. I have brought it up a few times but didn't generate much interest.

How about starting a new topic with this as the subject. Yor seem much more knowledgable about this and I am sure a synopsis would be welcome.

Hope you stick aaround a while and can spend some time posting here.

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