Posted by CotoBlogzz
Rancho Santa Margarita, CA - Janet Linn, from Albany, California, challenged the Gateview Homeowners Association and its president in Alameda County Small Claims court ( Case #RS14743221) because she was fined by the HOA for posting announcements on the public bulletin boards that the HOA said were critical of association decisions. The HOA alleged the postings violated the association rules and regulations.
While the case against the HOA president Edel Alon was dismissed without prejudice based on lack of evidence to support individual liability, The court found no evidence to justify the fines and "The court finds that the fine was an improper attempt to curtail plaintiff’s exercise of her rights to free speech guaranteed by the state and federal constitutions.”
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:
Unlike other HOA members, Ms Linn was not allowed to have packages and large piece mail deliveries from UPS, FedEx and other parcel services left for her at theHOA office.
The HOA assessed $100 fine agains Ms Linn for having allegedly violated the rules and evaluations of the HOA governing the use of public bulletin boards by the HOA members. Ms Linn paid the fine under protest while no evidence was presented to justify the HOA board's action
The judge found that the fine was an improper attempt curtail Ms Linn's exercise of her rights to free speech guaranteed by the state and federal constitutions.
It should be noted Ms Linn took the action in part because
• 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.
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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
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