Suing HOA pro se in small claims

[lairdwd]

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


I'm suing my HOA in small claims pro se. My case is rock solid, and I do not feel I need counsel to assist. That said, I have been reading that small claims judges view it as "disrepectful" to sue HOA and rarely rule in favor of pro se plantiffs in these cases.

My case is not frivolous at all. An underground electrical service cable broke. They say I pay, master deed says it's a common element and they pay. Demand letter has failed, and no offer of settlement is forthcoming.

In MA, attorney's fees are recoverable in small claims. I have been told, however, that when suing an HOA that attorney fees are not recoverable for the plantiff if he prevails. I cannot seem to get a straight answer on this.

My questions are as follows:

* Are attorneys fees recoverable when suing HOA in MA? Conversely, if the HOA is the prevailing party, are their attorney's fees recoverable? I know what the answer would be in district court, but not sure about small claims, and the fact that I am going pro se.

* Do you think a judge will be prejudiced against pro se for this case? This is not a typical cranky owner versus HOA suit. There is legitimate legal questions surrounding the common element and who is responsible for maintenence.

Thanks,
Bill

 

[latigo]

What is the name of your state (only U.S. law)? Massachusetts . . . In MA, attorney's fees are recoverable in small claims.

Would you be so kind as to cite the provisions of the Massachusetts General Laws and/or Trial Court Rules that permit the awarding of attorney fees in the state’s small claims courts. As it seems to me that such awards would defeat the economic purpose of these informal proceedings.

Thank you