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DavidA7 (California)
Posts: 179
Posted:
I hate to do this but I'm being forced into filing a small claims action against my Assocation. I am claiming they have 8 infractions of the Davis-Sterling Act along with two other issues. My question is that I read somewheree that a judge has the ability to award $500 per instance of a Board Violation. Example would be an award to the Plantiff if the BOD failed to provide requested documents, such as financials, to the requesting party within the time allowed by law.

Does anyone know where I can find a document that supports a $500 per instance award?

Thanks,

PS: I'm in California
RickW (Illinois)
Posts: 169
Posted:
Why would you want to be compensated monetarily for the infractions? In the end, it will cost you in increased assessments. Why not find some other method to make sure the board follows the Sterling-Davis Act. After all, isn't that your ultimate goal?
GlenL (Ohio)
Posts: 5,491
Posted:
Up to $500.00 at the judges discretion. (bold by me)

Civil Code ยง1365.2. Inspection of Books and Records.

(f) A member of an association may bring an action to enforce the member's right to inspect and copy the association records. If a court finds that the association unreasonably withheld access to the association records, the court shall award the member reasonable costs and expenses, including reasonable attorney's fees, and may assess a civil penalty of up to five hundred dollars ($500) for the denial of each separate written request. A cause of action under this section may be brought in small claims court if the amount of the demand does not exceed the jurisdiction of that court. A prevailing association may recover any costs if the court finds the action to be frivolous, unreasonable, or without foundation.


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