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Sue HOA in small claims court?

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K

Kalle620

Junior Member
:confused:What is the name of your state (only U.S. law)?
California.
I am the owner of a townhouse in a 17 unit complex and 4 of the units do not have balconies including mine.
The HOA has decided to rebuild all the 13 balconies and has voted in a special assesment of $ 4000 to all unit owners.I protested after paying this with the monthly fees along with the other three unit owners that do not have balconies and that we should not have to pay as we do not have any balconies.The HOA refused and had even hired a lawyer to read and interpret the CCRs to us and has backed the HOA.The CCRs also state on one page that "the maintainence of the balconies is the responsibilitiy of the unit owner".Indeed,two of the balconey owners have already repaired their own balconies at their own expense.
Please advise if I have a good chance in small claims court against the HOA for suing them for $ 4000.
Thank you for your advise.
KalleWhat is the name of your state (only U.S. law)?
 


A

Antigone*

Senior Member
Kalle620 said:
:confused:What is the name of your state (only U.S. law)?
California.
I am the owner of a townhouse in a 17 unit complex and 4 of the units do not have balconies including mine.
The HOA has decided to rebuild all the 13 balconies and has voted in a special assesment of $ 4000 to all unit owners.I protested after paying this with the monthly fees along with the other three unit owners that do not have balconies and that we should not have to pay as we do not have any balconies.The HOA refused and had even hired a lawyer to read and interpret the CCRs to us and has backed the HOA.The CCRs also state on one page that "the maintainence of the balconies is the responsibilitiy of the unit owner".Indeed,two of the balconey owners have already repaired their own balconies at their own expense.
Please advise if I have a good chance in small claims court against the HOA for suing them for $ 4000.
Thank you for your advise.
KalleWhat is the name of your state (only U.S. law)?
Click to expand...
It does not appear so. The HOA exists for the benefit of the entire community. The special assessment was voted for and approved. In my humble opinion you would be wasting your time
 
P

private_person3

Member
It doesn't seem equitable. In a local HOA here in NJ, the HOA was paying to replace a sliding glass door for a unit. Another owner sued to stop them and won. You see, you're responsibility is for HOA properties, not those of other units. That said, each state is different!

While it would make sense to consult a lawyer, it certainly wouldn't be financially beneficial as the claim is so small. It might be a gamble, but small claims does not cost a whole lot.

From what you stated about balconies being the responsibility of the unit, I would think you have a decent chance of winning. I mean, the docs have to be obeyed, and if they say the unit owner is responsible, then the HOA is not!

Like I said, it's a gamble. Good luck.
 
Zigner

Zigner

Senior Member, Non-Attorney
private_person3 said:
It doesn't seem equitable. In a local HOA here in NJ, the HOA was paying to replace a sliding glass door for a unit. Another owner sued to stop them and won. You see, you're responsibility is for HOA properties, not those of other units. That said, each state is different!

While it would make sense to consult a lawyer, it certainly wouldn't be financially beneficial as the claim is so small. It might be a gamble, but small claims does not cost a whole lot.

From what you stated about balconies being the responsibility of the unit, I would think you have a decent chance of winning. I mean, the docs have to be obeyed, and if they say the unit owner is responsible, then the HOA is not!

Like I said, it's a gamble. Good luck.
Click to expand...
This is not a "repair"
This was voted on and approved.

Please don't "guess" because you read something in paper...
 
P

private_person3

Member
1. Reread the OP. It is a repair; "The HOA has decided to rebuild..."

2. Who said I read it? Who is "guessing" now!?

3. According to the OP, the balconies are neither CE's or LCE's, thus they are not the responsibility of the HOA. As such the HOA should not be paying to rebuild them at their own cost.

4. Any vote authorizing the use of HOA funds for this would be invalid. You should know that voting on something doesn't necessarily make it right.
 
Zigner

Zigner

Senior Member, Non-Attorney
private_person3 said:
1. Reread the OP. It is a repair; "The HOA has decided to rebuild..."
Click to expand...
"Rebuilding" is not "repairing" and is not "maintenance"

2. Who said I read it? Who is "guessing" now!?
Click to expand...
You're still the one guessing at this.

3. According to the OP, the balconies are neither CE's or LCE's, thus they are not the responsibility of the HOA. As such the HOA should not be paying to rebuild them at their own cost.
Click to expand...
...you're guessing again :rolleyes::rolleyes:

4. Any vote authorizing the use of HOA funds for this would be invalid. You should know that voting on something doesn't necessarily make it right.
Click to expand...
...you're guessing again
 
H

HomeGuru

Senior Member
Kalle620 said:
:confused:What is the name of your state (only U.S. law)?
California.
I am the owner of a townhouse in a 17 unit complex and 4 of the units do not have balconies including mine.
The HOA has decided to rebuild all the 13 balconies and has voted in a special assesment of $ 4000 to all unit owners.I protested after paying this with the monthly fees along with the other three unit owners that do not have balconies and that we should not have to pay as we do not have any balconies.The HOA refused and had even hired a lawyer to read and interpret the CCRs to us and has backed the HOA.The CCRs also state on one page that "the maintainence of the balconies is the responsibilitiy of the unit owner".Indeed,two of the balconey owners have already repaired their own balconies at their own expense.
Please advise if I have a good chance in small claims court against the HOA for suing them for $ 4000.
Thank you for your advise.
KalleWhat is the name of your state (only U.S. law)?
Click to expand...
**A: you have a good chance at suing and a bad chance at winning.
 
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