Small Claim against Homeowners Association

[csps6789]

I asked the property manager the permission to install external vent and grant to install it from him. After a year, the homeowners association said it was wrong and have to remove it.

Can I have small claim against Homeowners Association and Property Manager and also to file a temporary restraining order? I have all documents to prove the permission.

 

[army judge]

Yes, you have a prima facie case.
You can always take them to court.
But, HOAS usually have rock solid by-laws that make it hard to beat them in court.
But, this is America and anyone is allowed to sue anyone else.
If I were you, I'd try to negotiate some sort of compromise.

Now, this is the part where I editorialize a bit.
This is one of many reasons that I advise my clients to never buy homes controlled by HOAS.
HOAS are worse than most apartment slumlords.
They are real estate Nazis in my book.
Sure, they keep some rift raft away from you, but they take your property rights to effect that small protection.
Your problem illustrates my point explicitly.

 

[csps6789]

I already did that and they just said they are going to remove it. That's why I think about taking them to court. I don't know if I should list all the trustees and the property manager and if I can file a motion to ask the court to issue a temporary restraining order before the hearing?

 

[army judge]

I already did that and they just said they are going to remove it. That's why I think about taking them to court. I don't know if I should list all the trustees and the property manager and if I can file a motion to ask the court to issue a temporary restraining order before the hearing?

Yes, you can do all of that.

I suggest you first speak with an attorney about this matter.

Your initial consultation is normally free.

What you're contemplating isn't easy.

If you lose, they will make your life a nightmare!

 

[csps6789]

I already talked to an attorney and it was very expensive.

 

[army judge]

I already talked to an attorney and it was very expensive.

Then you have only two viable options available to you at this point.

One, you can forget it and obey the all powerful HOA.

Two, you can TRY to do this pro se.

 

[jharris352]

Army is right but there is a third way. You can write them a letter and tell them if they do what they are planning you will sue them for their actions. It isn't a restraining order but they may take pause if they believe you. Send it to the registered agent of the HOA.

The reason a restraining order is difficult is that you have to know how to do one. It isn't pro se stuff. For example you have to file in a court of equity (not the small claims court). The fact that you likely don't know what a court of equity is, proves our point.

Use the strategy above. Send a certified letter to the HOA attorney explaining that you will sue if they touch your property. He/she will explain the costs to them even if they are right and they MAY not do it. If they do sue in small claims court.

On a side note, I totally agree with Army about the damned HOA Nazis.

 

[csps6789]

Thank you for the suggestion. I did go the court and planning to sue all of them. The clerk suggested to send a letter to HOA and warning them as I'll take them to the court.