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.
Posted by CotoBlogzz Rancho Santa Margarita, CA - if you live in a common interest development/homeowners’ association, and have been...
Its Official: According to Zogby report, Associations, Board Members and Community Managers Earn New Clothes
Updated 5/8/2016 at 4:20 PM with Force Field (Boxing) picture Posted By CotoBlogzz Rancho Santa Margarita, CA – “According to a n...