Legal Question in Real Estate Law in California

HOA adopts a rule, gets sued for interference and slander of title

I represent very small HOA. We adopted a set of new rules such as dogs on leash, no smoking in enclosed common areas, noise abatement, etc. One homeowner, apparently, did not like them because such rules limit his ability to rent his condo. Instead of discussing the issues with us, he files a lawsuit for interference and slander of title. What is this and does it make sense? Thanks much!!


Asked on 7/01/09, 12:26 pm

2 Answers from Attorneys

Daniel Bakondi The Law Office of Daniel Bakondi

Re: HOA adopts a rule, gets sued for interference and slander of title

Whether the lawsuit has merit or not, you have to hire a lawyer and answer it. If you do not respond properly and legally within 30 days from the date you were served, you risk losing the entire case without even being able to have our day in court. you automatically lose. Contact my office if you want me to get a quick answer on file and show the other side you are defending your rights. Maybe if he sees you are fighting back and represented by an attorney then a deal can be struck.

Best,

Daniel Bakondi, Esq.

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Answered on 7/01/09, 11:49 pm
David Gibbs The Gibbs Law Firm, APC

Re: HOA adopts a rule, gets sued for interference and slander of title

I assume that your HOA has an attorney. If not, it needs to obtain counsel immediately to respond to the lawsuit. The attorney you retain is the one whom you should be asking this question of, not this board. There are a lot of facts that would need to be reviewed in order to determine if the homeowner's lawsuit has any merit or not. Further, it frankly doesn't matter if the lawsuit has merit or not - you have to defend it, so I would get your counsel on board immediately. It takes nothing more than a filing fee and some papers to file a lawsuit and force someone to defend it - it doesn't have to be meritorious.

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Answered on 7/01/09, 1:56 pm


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