South Board of Directors Refused Owners A Vote
Homeowner Ultimately Wins Small Claims Court Judgment
Homeowner sued Edgewater Isle South Condominium Owners Association in Small Claims Court for failure hold a vote on a proper petition of own ers who wanted to get out of the earthquake insurance squeeze being forced upon them by the Edgewater Isle South Condominium Owners Association.
Homeowners in the South Association pay about $100 a month in earthquake insurance alone. This is on top of all other dues, leaving some South homeowners paying over $500 a month in HOA dues. Because the dues at the South are too high, homeowners have attempted to put the matter to a vote of homeowners. The board of directors refused to put the matter to a vote.
A homeowner filed a small claims case on July 23, 2010 against the association under 2 different names because the association was then suspended by the California Secretary of State. And because the association was suspended, the board members were named individually to the case.
The case was then scheduled for September 20, but the board of directors requested a continuance (postponement):
It's signed by Lynn Hanlon, Vice President of the HOA. And the forms were completed and mailed by none other than:
Berding | Weil. Of course. Oh, but wait....didn't they say they had "limited resources" and a lawyer is completing the small claims forms?
Edgewater Isle South Board Returns a Valid Petition
Small Claims Hearing
After all the bellyaching by the board, the hearing was on November 1, 2010. The South board of directors presented their "brief" written by Berding & Weil. Are "briefs" even appropriate for small claims court? But whatever. Take a read of this, homeowners, and know if you don't have a law degree, don't bother buying a place here because you'll be faced with your board of directors lawyering upon everything.
Ultimately, the homeowner won in court, and the Association was ordered to pay $1,500 plus costs of $220 to the homeowner.
And the Association Paid the Judgment to the Homeowner