Legal Question in Landlord & Tenant Law in California

I recently moved out of my apartment (condo) in California, after paying due rent and putting in the due notice period to my Landlord. The HOA (Home Owners Association) assessed a fine of $1000 for not following the move out policy (ie informing HOA 1 week in advance of move out and paying $150 fees) , this was only required if I used movers to move my items however in my case since I did not require movers, I believed this was not applicable to me.

Is it possible to file small claims against HOA as there were no damages to the apartment or property during the move out process and the fine seems a bit excessive.


Asked on 5/16/16, 1:55 pm

1 Answer from Attorneys

I've never seen a HOA that only required move-in/move-out notice if commercial movers are used. So my first suggestion is you go back and make very sure the HOA CC&R's and/or by-laws actually make that distinction, before you waste your time trying to get the money back. It would be a HIGHLY unusual provision. It is more likely that you made that assumption and are mistaken. In the unlikely event you are actually correct, then I assume your landlord took the $1,000 out of your deposit, which would mean your small claims action would be against your landlord, not the HOA since the HOA doesn't have your money.

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Answered on 5/17/16, 8:21 am


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