Legal Question in Credit and Debt Law in California

My brother was on the board of directors with his homeowners assocation and during that time he purchased things for them (without) permission, he since repaid monies owed but the assocation stated he owed additional money so they filed a judgement against him and then set up a payment plan, my brother since lost his job but continues to pay them 500.00 per month opposed to 1000.00, he has moved from the property(due to the fact a letter was sent out to all the homeowners slandering him and he was very uncomfortable remaining on the property with his wife and children ) and gave the new board his phone number so they still have contact. a week after he moved the new board president was seen following him to find out where hes moved to is this legal or is it stalking and harassment ? it has been told to my brother that the president has went back and told the entire community where he lives(is this a privacy issue as well?) this guy thinks he can do what ever he wants and gets away with it ,what can be done about this legally it has been told to us that hes only obligated to provide a current phone number as long as this debt is owed.What can be done legally about this issue


Asked on 6/14/10, 1:24 am

1 Answer from Attorneys
Stan Lockhart Law Offices of Nations and Lockhart

The first option available is for the HOA to file a criminal complaint for theft or embezzlement for making purchases without permission.

If the HOA published untrue statements, that is libel not slander...penalties more severe.

The HOA members are entitled to know where you brother lives, as he owes them a debt and there is a court ordered judgment....which he has breached.

He is only obligated to provide a current phone number as long as this debt is owed? (that is a new one on me)

Your brother is on a very fine line between civil and criminal action....based on this limited description. My advise would be to make sure that the HOA knows and understands that he will stand good for the debt under all circumstances.

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Answered on 6/14/10, 9:49 am


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