QUESTION

How exactly do you name the HOA in a small claims suit?

Asked on Feb 04th, 2016 on Real Estate - California
More details to this question:
Is it the name of the person on behalf of the HOA?
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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  Most HOAs are mutual benefit corporations. The name should appear at the beginning of the CC&Rs. You can also look up the exact official name on the Secretary of State's website at www.sos.ca.gov. In the upper left area, look for Business Entities, and on the next screen look in the same area for Name Search. Your CC&Rs should provide for Internal Dispute Resolution and Mediation. Some CC&Rs require that you do this before any arbitration or litigation. Some also require arbitration instead of a lawsuit. Some carve out an exception for small claims court. Check your CC&Rs. HOA Boards are given very broad discretion in making decisions. Courts will not second-guess the business judgment of the HOA Board. So you need a really strong case in order to prove abuse of discretion by the HOA Board. If possible, private conversations wiith 1-2 board members may be more productive than a direct confrontation at  a board meeting or in court. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Set up a trust, and put all your property, especially any real property, into the trust. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, and convey one piece of real property to the trust, usually the family home, for $1500.00.   Dana Sack  
Answered on Feb 05th, 2016 at 10:40 AM

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