Legal Question in Real Estate Law in California

Homeowner Association fee management & responsibilities

Our former HOA has wrongly taken an extra HOA monthly payment. Hence the HOA was overpayed an extra month. We don't live there anymore. Its been 1 1/2 years of frustration trying to get them to reimburse our $135. The HOA say it is not their responsibility, even though they cashed the check into their account. The HOA has given excuses (verbally) such as they weren't informed of the home sale (not true, escrow shows they were aware of sale)and that they used it to pay a montly due that was not payed after the sale of the house (should have been new owners responsibility). They continue to point fingers at the new homeowner (now moved), escrow company, our relocation company. Anyone but themselves, the beneficiaries. Please help. What can I do without spending tons on legal fees? Thanks in Advance!


Asked on 12/10/03, 3:31 pm

3 Answers from Attorneys
Roy Hoffman Law Offices of Roy A. Hoffman

Re: Homeowner Association fee management & responsibilities

Try suing them in small claims court. The filing fees are minimal, and attorneys cannot participate in the process, making it a cost effective way of proceeding considering the amount in dispute.

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Answered on 12/10/03, 7:22 pm
Michael Olden Law Offices of Michael A. Olden

Re: Homeowner Association fee management & responsibilities

If it is under $5000 and it seems very simple, the Small Claims Court. If it's over $5000 higher in attorney.

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Answered on 12/12/03, 11:13 am
Joel Selik www.SelikLaw.com

Re: Homeowner Association fee management & responsibilities

File a small claims action against the HOA and the owner.

Joel Selik

Attorney/CA Licensed Real Estate Broker

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Answered on 12/11/03, 11:05 am


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