How to Fund a Lawsuit for Your HOA

The question of how a community association will pay for a lawsuit must be decided by the board when the need for litigation arises. Depending on whether the HOA is […]

Governing Document Amendments: Development Process and Court Intervention

To amend your HOA’s governing documents, you must begin by developing and presenting the amendments to the members. And sometimes, when a vote cannot be obtained, associations can use the […]

The Right to a Jury Trial in Disputes with Developers

Published in the ECHO Journal, January 2009 A person’s right to have his or her dispute decided by a jury is fundamental, and our state Supreme Court has said so […]

My Small Claims Court Experience

Published in the ECHO Journal, August 2009 In the past year, I have had the “opportunity” to present collection information at Small Claims Court on behalf of two associations. In […]

§6150 – Pre-Litigation Notice to Members

Not later than 30 days before the filing of any civil action by the association against the declarant or other developer of a common interest development for alleged damage to […]

§5930 – ADR Requirement Limitations

An association or a member may not file an enforcement action in the superior court unless the parties have endeavored to submit their dispute to alternative dispute resolution pursuant to […]

§5720 – Delinquent Assessments Less than $1,800

Notwithstanding any law or any provisions of the governing documents to the contrary, this section shall apply to debts for assessments that arise on and after January 1, 2006. An […]

§5145 – Civil Action by Member

A member of an association may bring a civil action for declaratory or equitable relief for a violation of this article by the association, including, but not limited to, injunctive […]

§4275 – Court Amendment of Declaration

If in order to amend a declaration, the declaration requires members having more than 50 percent of the votes in the association, in a single class voting structure, or members […]