Homeowners board of directors summoned to small claims court

[hifromkate]

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

I am on the Board of Directors for a HOA. We were summoned to small claims court for an outstanding bill that the PREVIOUS management company and PREVIOUS Board didn't not pay - and the services rendered were terrible if at all...but that is another story. Should the suit be filed against us as the current responsible parties or those that sat on the Board and Management prior to us???

 

[Zigner]

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

I am on the Board of Directors for a HOA. We were summoned to small claims court for an outstanding bill that the PREVIOUS management company and PREVIOUS Board didn't not pay - and the services rendered were terrible if at all...but that is another story. Should the suit be filed against us as the current responsible parties or those that sat on the Board and Management prior to us???

Was the suit filed against the BOARD? If so, then it makes sense to me.

 

[FlyingRon]

Yes, who was the suit filed AGAINST. If it is filed against the HOA it's quite expected that the board (past and present) and anybody involved in it could be summonsed either as a witness or to produce documents or other evidence.

Your HOA hopefully has counsel and E and O insurance for the board.

 

[A-BIG-NOTHING]

when they sued your HOA, did they file against individual board members or against the "company's registered agent"?

or both?

 

[libra58]

when they sued your HOA, did they file against individual board members or against the "company's registered agent"?

or both?

You "file suit" against the HOA under their Corporate Entity name such as : "ABC Homeowners Association" You "serve"/ mail the complaint to the registered agent.Your complaint "naming the HOA." is sent to the agent. The registered agent may be a board member or someone outside of the board. If you mail or deliver the complaint to a board member it may not be considered "proper service" The purpose of the registered agent is to accept any legal notice served on the HOA.