Pomona, California
Back in March 2009 the old property management company raised the monthly HOA fee for 50% without a vote from the residents and I didn't know it was a violation of CA Civic code 1366 until October when the new property management company took over and told me about it.
When the HOA decided to replace the property management company in OCt 2009 the old property management company exercised a term in the contract (which the HOA was not aware of) to keep a large percentage of funds in the HOA account for cancelling the contract with them. In November 2009 I demanded the old property management company to refund the extra monthly HOA between March to September 2009 but was denied. The old property management company insisted that there is a refund process started by the new management company and that the account was being transferred. I verified with the new managment company but was told that the I eventually filed a small claim suit against the old property management company for the 6 months of overpaid HOA fee and won in Jan 2010. Within a few days the 30 day delay of judgement will be due and as of today I have verified that old property management company has not filed an appeal (which means they will have to pay me) However, throughout the trial the owner of the old property management company insisted that the money should be refunded by the HOA account and not from his company (even though the judgement is against his company and ordered the check to be paid from his company). Now I wonder if the old management company can use it as an excuse and holding the HOA account as hostage.
Nonetheless lately with so much rain there just seem to be an issue on all the rooftops (leaking) and according to the documents that dictates the responsibilies of the management company running the HOA they are under contractual obligation to fix the rooftop leaking. However, the new management still claimed that they have not received the funding from the old management company (account not transferred) while the old company kept saying that the transfer is in progress (been 3 months now and is total BS).
While the 2 management companies are fighting over the control of the account the residents are suffering from leaking rooftop and the decomposing ceiling in the garage (as the balcony above it did not drain the water well), should I hire an attorney to suit both parties (the old and new management company) for failing to fulfill their contractual obligations ? Any advise will be appreciated.
Back in March 2009 the old property management company raised the monthly HOA fee for 50% without a vote from the residents and I didn't know it was a violation of CA Civic code 1366 until October when the new property management company took over and told me about it.
When the HOA decided to replace the property management company in OCt 2009 the old property management company exercised a term in the contract (which the HOA was not aware of) to keep a large percentage of funds in the HOA account for cancelling the contract with them. In November 2009 I demanded the old property management company to refund the extra monthly HOA between March to September 2009 but was denied. The old property management company insisted that there is a refund process started by the new management company and that the account was being transferred. I verified with the new managment company but was told that the I eventually filed a small claim suit against the old property management company for the 6 months of overpaid HOA fee and won in Jan 2010. Within a few days the 30 day delay of judgement will be due and as of today I have verified that old property management company has not filed an appeal (which means they will have to pay me) However, throughout the trial the owner of the old property management company insisted that the money should be refunded by the HOA account and not from his company (even though the judgement is against his company and ordered the check to be paid from his company). Now I wonder if the old management company can use it as an excuse and holding the HOA account as hostage.
Nonetheless lately with so much rain there just seem to be an issue on all the rooftops (leaking) and according to the documents that dictates the responsibilies of the management company running the HOA they are under contractual obligation to fix the rooftop leaking. However, the new management still claimed that they have not received the funding from the old management company (account not transferred) while the old company kept saying that the transfer is in progress (been 3 months now and is total BS).
While the 2 management companies are fighting over the control of the account the residents are suffering from leaking rooftop and the decomposing ceiling in the garage (as the balcony above it did not drain the water well), should I hire an attorney to suit both parties (the old and new management company) for failing to fulfill their contractual obligations ? Any advise will be appreciated.