Tuesday, June 07, 2016

HOA attorneys crush opposition with fees: Almador Lakeside HOA V Carson

Posted By CotoBlogzz

Rancho Santa Margarita, CA – The HOA Industry represented by the Community Association Institute (CAI) recently issued the equivalent of the Tobacco Papers in its 2016 CAI Results of survey conducted by Zogby Analytics, which we refer to as the Fred Stare of the Sugar Industry.
One of the questions asked is whether homeowners are OK with the HOA using legal action for collection purposes and of course like in the case of Apple Pie, there were few who disagreed. However, as in the case of Almador Lakeside HOA V Carson, the issue is not about collections, as much as it is enforcement and intimidation: Or as we like to say, How HOA attorneys crush opposition with fees:

For example, in the case of Almanor Lakeside Villas Owners Assn. v. Carson (2016) 246 Cal.App.4th 76, the HOA tried to enforce $54,000 in dues, fees, fines and interest imposed on the Carsons.

The Court of Appeal for the Sixth Appellate District in the case Almanor Lakeside Villas Owners Assn. v. Carson (2016) 246 Cal.App.4th 761, 2016 Cal.App LEXIS 301 found that
1. The trial court properly issued a judgment that concluded that only $6,620 of the fines were valid against the owners;

2. The trial court did not abuse its discretion in determining that the association achieved its main enforcement objectives and was therefore the prevailing party, and

3. The trial court’s award in favor of the association of its full attorneys’ fees and costs in the amount of $101,803.15 was not unreasonable.


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You want the property, you sign on with an HOA and bear the consequences.
When you rent, it’s understood you’re playing by the landlord’s rules.

See Also: Homeowners Associations Are Short on Cash

But when you buy your own home, you expect to be in charge, deciding what to plant, what color to paint, where to walk the dog. Unless, that is, you live in a “common-interest community” governed by the most local form of government you can imagine -- a homeowners association (HOA).

Posted on September 26, 2015
By Deborah Goonan, Independent American Communities Blog
In July and August, in conjunction with Association Evaluation, a group of housing advocates conducted a national online survey, to determine your level of concern about issues affecting Association-Governed Residential Communities (aka Homeowners Associations or HOAs). The response was amazing!

Most Frequent HOA Complaints?: Dues Increases and CC&R Changes – WSJ

Most Frequent HOA Complaints?: Dues Increases and CC&R Changes – WSJ

So the number of people that lived in associations and complained about them is 69/75 = 92%. This is in stark contrast to Community Association Institute's (CAI) claim that 95% of the people living in associations love them

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