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Filing suit in Small Claims Court against HOA/management Company????

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What is the name of your state (only U.S. law)? VA

Whom do i need to name in my suit if i'm sueing for damages in my unit?

do i sue the management company?
do i sue the HOA and if yes, how do i name the hoa and what address do i use? (the hoa has 5 members)

the management company manages the property but the HOA makes decisions to or not to grant money. (in this case, they didn't....hence the suit)

thanks for any help in advance.
 


libra58

Member
I am not an attorney so this would only be my opinion..First, check your HOA Documents, Some require or have ADR process to resolve disputes between Homeowners & HOA Boards...If that is not an option I would think You would have to file against the HOA..who will in turn use the Homeowners money to fund their defense, and most likely down the road special assess all Homeowners to recoup funds doing so, while this can be a necessary evil in some instances, it should only be done when all other options have been exhausted. I wouldn't think naming the Maint. Co. would be of any benefit, because their contract is with the HOA board entity and can only perform as instructed by the board..This is just My opinion, and I could be wrong. Examine all the HOA bylaws.
 
I am not an attorney so this would only be my opinion..First, check your HOA Documents, Some require or have ADR process to resolve disputes between Homeowners & HOA Boards...If that is not an option I would think You would have to file against the HOA..who will in turn use the Homeowners money to fund their defense, and most likely down the road special assess all Homeowners to recoup funds doing so, while this can be a necessary evil in some instances, it should only be done when all other options have been exhausted. I wouldn't think naming the Maint. Co. would be of any benefit, because their contract is with the HOA board entity and can only perform as instructed by the board..This is just My opinion, and I could be wrong. Examine all the HOA bylaws.
thanks. i'm not an attorney either obviously...but what you said makes sense....now the question is, assuming you are right, how do i sue the HOA? i know that in small claims court, you MUST name the person you are sueing and have their address. the HOA does not have an address (does it?). its members do.
any suggestions here?
 

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