Third lawsuit against this owner

delinquent dues at Edgewater Isle leads to small claims lawsuitThe Edgewater Isle Master Association filed a small claims case in Redwood City against a homeowner on Monday, December 29, alleging unpaid association dues from April 2014.

This is the third time an Edgewater association has sued this homeowner for unpaid dues. The previous two cases — filed in 2000 and 2002 — were ultimately settled by the homeowner paying the judgment entered in each case.

In this case, the Master Association alleges that the homeowner owes $3,013.55 for unpaid dues and collection fees. (But mostly for junk collection fees.) The hearing date is scheduled for February 17, 2015.

UPDATE: The case has been rescheduled for March 24, 2015, at 1:30 p.m., apparently because the Edgewater Isle Master Association or its collection agency failed to serve the defendant in time for the original hearing.

Edgewater Isle Master Association sues owner for $3,013

 

paid in fullThe small claims court case that the Edgewater Isle Master Association had filed against a homeowner back in December was finally resolved today.

Court records show this is the third time an Edgewater association has filed a court complaint for unpaid dues against this particular homeowner.

Today, the Edgewater Isle Master Association dismissed the complaint as the defendant just yesterday paid the late dues. The complaint was "dismissed with prejudice," meaning it cannot be filed again.

2002 Lawsuit

On July 8, 2002, the Edgewater Isle North Association filed a foreclosure complaint in superior court against the defendant for failing to pay homeowners association dues.

On November 21, 2002, a judgment was granted to the North Association for principle of $8,412.97, costs of $513.00, and attorney fees of $1,400, for a total judgment of $10,325.97.

On December 23, 2002, the North Association filed an Acknowledgment of Satisfaction of Judgment.

2000 Lawsuit

On August 11, 2000, the Edgewater Isle Master Association had filed in superior court for unpaid dues of $1,802.28 in case number CLJ177862 Edgewater Isle vs Brian Magee et al.

The defendants did not answer the complaint, and the Association received a default judgment on February 6, 2001 totaling $2,659.63, which included costs of $505 and attorney fees of $351.85.

The Master Association also moved to foreclose on an assessment lien, and the sale of the real property was ordered by the Sheriff of San Mateo County.

A debtor's examination was ordered for July 13, 2001, and the defendant did not appear. A bench warrant was then issued for defendant.

On July 26, 2001, the Master Association filed an acknowledgment of full satisfaction of judgment.

 


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If the HOA Sues You

If the association has failed to perform an obligation of theirs, it does not negate your requirement to pay dues. The homeowner must continue to pay dues while pursuing a separate path to remedy any greivances with their association.

If you are behind in your dues to a homeowners association, you are better off arranging a payment plan with them. A homeowner cannot win either a superior court case or a small claims case brought by their association. The CC&Rs of your homeowners association govern the collection of these dues, and it is ironclad in favor of the association over the individual homeowner.