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How to Fund a Lawsuit for Your HOA

The question of how a community association will pay for a lawsuit must be decided by the board when the need for litigation arises. Depending on whether the HOA is the defendant or pursuant in a lawsuit will often determine what financial sources the association can draw from. 

Governing Document Amendments: Development Process and Court Intervention

To amend your HOA's governing documents, you must begin by developing and presenting the amendments to the members. And sometimes, when a vote cannot be obtained, associations can use the judicial relief tool, allowing a court to authorize amendments and other “corporate” approvals

The Right to a Jury Trial in Disputes with Developers

Published in the ECHO Journal, January 2009

§5930 - ADR Requirement Limitations

  1. An association or a member may not file an enforcement action in the superior court unless the parties have endeavored to submit their dispute to alternative dispute resolution pursuant to this article.
  2. This section applies only to an enforcement action that is solely for declaratory, injunctive, or writ relief, or for that relief in conjunction with a claim for monetary damages not in excess of the jurisdictional limits stated in Sections 116.220 and 116.221 of the Code of Civil Procedure.

§5720 - Delinquent Assessments Less than $1,800

  1. Notwithstanding any law or any provisions of the governing documents to the contrary, this section shall apply to debts for assessments that arise on and after January 1, 2006.

§5145 - Civil Action by Member

  1. A member of an association may bring a civil action for declaratory or equitable relief for a violation of this article by the association, including, but not limited to, injunctive relief, restitution, or a combination thereof, within one year of the date the cause of action accrues. Upon a finding that the election procedures of this article, or the adoption of and adherence to rules provided by Article 5 (commencing with Section 4340) of Chapter 3, were not followed, a court may void any results of the election.
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