Legal Question in Real Estate Law in California

Re: non-payment of condo dues

The cheapest and easiest way is to start a small claims action against each owner. Jurisdictional limit in small claims is $5,000, and you don't need an attorney. With a judgment you would be able to garnish wages or execute against bank accounts.

A more aggressive approach is to commence a foreclosure action against each unit - depending on language in bylaws and agreements with condo owners.

Mike.

Re: non-payment of condo dues

I'm unclear on who is where. As delivered to us LawGuru participating attorneys, it looks as though the condo complex is in California, hence any legal action would be in a Calif. court, applying Calif. law. On the other hand, you seem to be in New York and the answer you've received so far comes from a N.Y. attorney.

The California Small-Claims jurisdictional limit is $7,500 for most, but not all, cases. A suit would have to be brought and filed by the "real party in interest," probably the head of the HOA. It would be difficult for a party in New York to initiate and carry out the suits. I suppose each delinquent owner would have to be sued in a separate action. There is a limit on how many Small Claims actions can be brought in a given year by one plaintiff, so you may have to choose your targets.