Legal Question in Landlord & Tenant Law in California

I sent an email stating I was going to sue my homeowners association for miscellaneous reasons. Then the association fined me stating since I "legally threatened" them they had to consult a lawyer for which I had to pay a part of. Is that legal? Should I take them to small claims court?? Can anyone help?


Asked on 5/19/10, 3:55 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

I would have to look at the applicable section of your CC&R's to give a fully correct answer. In general, if the HOA rules are silent about what they did, then they have no legal right to bill you unless you sue them,lose, and the court orders you to pay their costs. Their charging you whether or not the complaints are valid violated the !st Amendment as it restricts free speech, redress of grievances, etc.

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Answered on 5/24/10, 4:16 pm


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