Legal Question in Real Estate Law in California

Re: Lawsuit against HOA or HOA members

That's confusing. What are the claims?

Re: Lawsuit against HOA or HOA members

That makes no sense. Is she suing the members and alleging claims against the HOA? If so, her suit should be against the HOA only, not the individual members. To sue the individual members for damage claims that are against the HOA is legally incorrect, and you (and the rest of the individual members) should be able to extract yourself from the suit with a properly prepared and presented demurrer.

Seek out the advice of a competent litigator to handle this.

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Re: Lawsuit against HOA or HOA members

I, too, am confused by the facts given, which seem to leave something out. Is this a suit by an outsider, or is it Member X vs. Member Y and Member Z? Is there a filed lawsuit, or only a demand for arbitration? Perhaps there is a complaint and a cross-complaint? You need to identify the parties and the nature of the action or actions between each (as to whether a lawsuit, a demand for arbitration, cross-complaint, or some combination).

Remember the following:

1. Private, binding arbitration requires an agreement by the parties to submit the dispute to arbitration. No one can be compelled to arbitrate absent a prior or contemporaneous agreement to do so.

2. If a lawsuit is filed against you, the plaintiff can obtain a judgment by default if you don't file and serve a timely responsive pleading (usually an answer, sometimes a demurrer) which must meet certain technical requirements as to form and content.

3. The term 'respondent' is unusual in the context of a civil lawsuit. We usually call the parties the plaintiff(s) and defendant(s). The term 'respondent' is associated with arbitration or petitions to compel arbitration, family law matters, and appellate-level cases.