The court awarded her $4482.79 in damages plus court costs.
While the ruling can be viewed as victory against repressive homeowners associations, a warranted assumption is that this would not happen in Orange County Superior Court with an Association such as Coto de Caza's CZ master Association. In this case, neither the HOA president, nor a HOA representative appeared in court to defend him or itself against the Ms. linn's lawsuit. As the most litigious HOA in Southern California, the CZ and its property management company and legal counsel have master the art, from making extremely difficult to be served, to being able to have the various judges' ears.
In stark contrast with Orange County, the Alameda County judge took the time to prepare a detailed ruling after examining all the evidence. The ruling includes the following:
• The HOA refused to provide records she requested, specifically invoices for legal services and engineering reports, and
• The HOA’s legal counsel, Berding & Weil, refused her repeated written requests for alternative dispute resolution.
RELATED STORIESCoto de Caza's HOA not under jurisdiction of state and or federal law: honorable John Flynn III
Coto de Caza, CA – The verdict is in, in the Small Claims Court trial 30-2012-00570806-SC-SC-HLH, held July 23, 2012, against the Coto de Caza Homeowners Association, otherwise known as CZ Master Association. In the case, it was alleged that the association not only failed to comply with Civil Code § 1365 but that it continues to claim it is beyond local, state and federal jurisdiction, The Honorable John L. Flynn III ruled that the HOA board of directors indeed is not under the jurisdiction of state and federal law. Sort of