madaretsel
Junior Member
What is the name of your state? Maine
Sued my HOA in sm claims for breach of contract per one of the restrictive covenants. The issue did not involve any title to real estate. Used governing docs (By-laws, CC&Rs, deed, Articles of Incorporation) as supporting evidence. Judge found in favor of defendant and stated "Small claims court has no authority to issue declaratory judgment re association docs." I found no rules in small claims procedures or Title 14 Ch. 707 limiting any court from making a declaratory judgment. Can I appeal this as a question of law? Should the judge have dismissed the case, as now I would be barred by res judicata if I don't appeal?What is the name of your state?
Sued my HOA in sm claims for breach of contract per one of the restrictive covenants. The issue did not involve any title to real estate. Used governing docs (By-laws, CC&Rs, deed, Articles of Incorporation) as supporting evidence. Judge found in favor of defendant and stated "Small claims court has no authority to issue declaratory judgment re association docs." I found no rules in small claims procedures or Title 14 Ch. 707 limiting any court from making a declaratory judgment. Can I appeal this as a question of law? Should the judge have dismissed the case, as now I would be barred by res judicata if I don't appeal?What is the name of your state?