Master files a small claims case for $2,460
April 7, 2017
The Edgewater Isle Master Association, through its collection agent ASAP, filed a small claims case in Redwood City against a homeowner on April 7, 2017, alleging unpaid association Edgewater Isle Master Association dues from August 2016 - March 2017.
The hearing was held on June 16, 2017. The plaintiff and defendant both appeared. A judgment was awarded to the Association in the amount of $3,190.71.
Paid in full
Association filed an acknowledgment that the amount had been paid in full on September 1, 2017.
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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 is required to pursue a separate path to remedy any dispute with their homeowners association. This means the homeowner may be required to sue their association while continuing to pay dues. By the time the association sues, your debt will potentially double, and you'll end up paying a lot in junk fees to resolve the case.
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. It is ironclad and 100% in favor of the association over the individual homeowner.