Legal Question in Real Estate Law in California

Re: HOA small claims

I assume your question is whether you can sue the individual Board members in Small Claims Court. There would be no purpose suing the Association, unless it has insurance coverage, since you and your neighbors are the HOA.

You would have t show that the board members acted entirely outside their authority and how that caused you damages that the judge can calculate. You might get 20-30 minute to do so; I doubt you could present your case, backing it up with evidence, in such a short time to prove a difficult proposition [it would help to know what their litigation is about]. And the Board members would appeal any decision against them. So you are speaking of about three months to get a final binding ruling which probably will not end the litigation. Using the recall procedures seems your best method.

Re: HOA small claims

We would need to know more about the current litigation to provide you with a course of action. However, small claims, generally, will not provide the resolution that you are looking for when you live in a HOA Community.

LEGAL NOTICE: The information presented in this e-mail should not be

construed to be formal legal advice nor the formation of a lawyer/client

relationship.