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Lanna,
Have you considered filing your lawsuit "Pro Se". You can represent yourself (but not others) in a pro se petition. You might consider filing your petition in your local county Superior Court. You will have a filing fee, but this is a small price to pay compared to retaining an attorney.
Also, don't be intimidated by those who say you can't stand a chance without an attorney.
You can also get access to the Court Law Library to research your case, copy petition forms and other documents, etc.
Posted Jan 15 2008 2:09PM CET
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Username withheld
Overland Park, Kansas |
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The way the California laws are written, and courts are structured, moving and renting an apartment or leased home will help you sleep better at night, and cost less in the long run(although check to make sure it is also not 'corporately' managed or owned). There are lots of rentals and leases now with the real estate market the way it is. You will have the same 'rights' as you have now, it appears, in California with the laws the way they are, but also much lower living costs overall factored out for the upkeep and maintenance and alone, or get one of the remaining HOA free properties especially in this market, until 'ownership' is actually acknowledged in these properties, or builders and the municipalities catch on to the demands now of the public for non-HOA free properties, and better laws are enacted to protect owners from the Boards, and the actual real string pullers, the management concerns, lawyers and other industries who the state legislatures have fed in their legislation, rather than 'regulate' them both their state, and the federal Constitution.
Condos really are nothing more than 'buying space,' and the hidden costs are greater than an actual detached home, in the long run, especially with the provisions and protections the Boards and their advisors have gained in California through the Davis-Sterling Act, it seems from a number of posters familiar with the legislation enacted there.
There is no 'real property' ownership at all in a condo - no land ownership, yet greater costs without any actual 'ownership,' of anything other than the space itself.
State regulation and oversight of your Board and their advisors is monumentally lacking, so until that happens really, in the market the way it is right now in some areas of the country, especially California it appear, moving to one of those great older neighborhoods with flagpoles and porch swings might be the best solution, with a lot and home all your own.
Posted Jan 10 2008 7:44AM CET
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Username withheld
Phoenix, Arizona |
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Michael is correct about the way to handle your board. It's time for changes to happen. Just remember to paid your fees on time make everthing in writing and don't let it be brushed under the table. Keep on top of things. There new laws for 2008 HOA's that need to be followed. Good Luck
Posted Jan 9 2008 8:42PM CET
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Username withheld
Anaheim, California |
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You don't give any specifics therefore, responses can only be in generalities. If you are talking about an action against the Association, you might want to check into small claims court (no attorneys allowed). If it is an action from the association against you, and you have little/no extra funds, you will need to try to settle the issue prior to legal action. If there is legal action that is not small claims court, the losing party is usually responsible for all legal fees (both sides) and court costs.
Some specifics could gain better advise from those in this board that know more about CA issues.
Tim
Posted Jan 9 2008 6:03AM CET
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Tim Brannon
(View Profile)
springfield, Virginia |
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You might want to read your by laws or declarations to see how you can throw the board. you may need to get a certain percentage of homeowners to sign a petition to call a special meeting to vote the Board off. If you succeed besure you have homeowers ready to replace the Board. The board of Directors have a responsiblity to do what is in the best interest of the association. Please keep me posted on how things work out for you.
Posted Jan 9 2008 3:56AM CET
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Melissa Pawson
, Colorado |
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Run for the Board and participate. The only way Shelter Creek (and I say Shelter Creek knowing Shelter Creek) will get any better is if good people with good hearts and no agendas contribute to its success. Suing the Association is not an answer. Getting pissed off at the employees is not an answer. Gooing to Board meetings and spitting venom is not the answer. Turning Shelter Creek around will only be accomplished by starting small and from scratch. Keep in mind that it is a culture you are trying to change. It is a layered problem with no easy solution.
Posted Jan 9 2008 3:32AM CET
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Michael Murray
, California |
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Run for the Board and participate.
Posted Jan 9 2008 3:10AM CET
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Michael Murray
, California |
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First things first. What have you done already to try to correct the situation in your HOA?
Jan Jackson
Colorado HOA News
Posted Jan 8 2008 10:15PM CET
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Jan Jackson
Florissant, Colorado |
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