Suing HOA pro se in small claims

[lairdwd]

I'm suing my HOA in small claims pro se. My case is rock solid, and I do not feel I need counsel to assist. That said, I have been reading that small claims judges view it as "disrepectful" to sue HOA and rarely rule in favor of pro se plantiffs in these cases.

My case is not frivolous at all. An underground electrical service cable broke. They say I pay, master deed says it's a common element and they pay. Demand letter has failed, and no offer of settlement is forthcoming.

In MA, attorney's fees are recoverable in small claims. I have been told, however, that when suing an HOA that attorney fees are not recoverable for the plantiff if he prevails. I cannot seem to get a straight answer on this.

My questions are as follows:

* Are attorneys fees recoverable when suing HOA in MA? Conversely, if the HOA is the prevailing party, are their attorney's fees recoverable? I know what the answer would be in district court, but not sure about small claims, and the fact that I am going pro se.

* Do you think a judge will be prejudiced against pro se for this case? This is not a typical cranky owner versus HOA suit. There is legitimate legal questions surrounding the common element and who is responsible for maintenence.

Thanks,
Bill

 

[army judge]

The best way to get a correct answer about the recoverability of attorney's fees in MA, ask a MA attorney.

I believe they are.

Judge's show no partiality to either party. I say that as a retired jurist.

 

[pw47617]

In Virginia, small claims court was the wrong court for my lawsuit as ProSe agains a HOA. The judge dismissed my case without prejudice and educated me filing in the Circuit Court where my case is in discovery and I am being represented by an attorney. He who represents himself is a fool! I have a really great case that will set precedence if a judge rules in my favor.

Hopefully, the judge is NOT the president of a HOA then I will have to go to the Appellant Court. My hope is to get to the Virginia Supreme Court so my kids can Google our last name.

HOAs are corporations! Two-thirds of the membership of a HOA can dissolve the corporation. A corporation is NOT a country club and once I educate all of you homeowners that common areas are nothing more than land use created by a developer who is a corporation who turned over the maintenance of common areas to another corporation called a HOA versus turning it back over to the county who approved the development and zoned it RESIDENTIAL. Amazing how y'all think that a HOA can stop me from painting my house PINK with PINK flamingos in the front yard. By the time a house wife who is a BOARD member could figure out what to do, I will be dead and buried. BOARD members are running a corporation and sueing them for a breach of fudiciary duty is how I will win my Circuit Court case in the Commonwealth of Virginia.

 

[ufkenmill]

In Virginia, small claims court was the wrong court for my lawsuit as ProSe agains a HOA. The judge dismissed my case without prejudice and educated me filing in the Circuit Court where my case is in discovery and I am being represented by an attorney. He who represents himself is a fool! I have a really great case that will set precedence if a judge rules in my favor.

Hopefully, the judge is NOT the president of a HOA then I will have to go to the Appellant Court. My hope is to get to the Virginia Supreme Court so my kids can Google our last name.

HOAs are corporations! Two-thirds of the membership of a HOA can dissolve the corporation. A corporation is NOT a country club and once I educate all of you homeowners that common areas are nothing more than land use created by a developer who is a corporation who turned over the maintenance of common areas to another corporation called a HOA versus turning it back over to the county who approved the development and zoned it RESIDENTIAL. Amazing how y'all think that a HOA can stop me from painting my house PINK with PINK flamingos in the front yard. By the time a house wife who is a BOARD member could figure out what to do, I will be dead and buried. BOARD members are running a corporation and sueing them for a breach of fudiciary duty is how I will win my Circuit Court case in the Commonwealth of Virginia.

What's the status of yoru case and what are you suing over? I will be suing my HOA in VA in SCC as well but the amount is less than 5K, why do you say that SCC is the wrong place to sue an HOA in VA?

Thank you..

 

[mikerr]

Hello,
I am suing my HOA Pro Se in MA too! I had to file my complaint in Superior Court. Just remember to ask the court to award what you feel is appropriate AND whatever the court deems fair and just as well! Don't forget!
These HOAs are becoming a menace to sociaty aren't they? We have kids in Egypt, Iran Tuinisa rebelling agaisnt tyranny, and we pathetic people in the US that don't give a crap about 20% of the population forced to surrender our rights without a fight!

 

[omgomg]

Suing HOA pro se in small claims

Jurisdiction/Place: USA - Massachusetts

I'm suing my HOA in small claims pro se. My case is rock solid, and I do not feel I need counsel to assist. That said, I have been reading that small claims judges view it as "disrepectful" to sue HOA and rarely rule in favor of pro se plantiffs in these cases.

My case is not frivolous at all. An underground electrical service cable broke. They say I pay, master deed says it's a common element and they pay. Demand letter has failed, and no offer of settlement is forthcoming.

In MA, attorney's fees are recoverable in small claims. I have been told, however, that when suing an HOA that attorney fees are not recoverable for the plantiff if he prevails. I cannot seem to get a straight answer on this.

My questions are as follows:

* Are attorneys fees recoverable when suing HOA in MA? Conversely, if the HOA is the prevailing party, are their attorney's fees recoverable? I know what the answer would be in district court, but not sure about small claims, and the fact that I am going pro se.

* Do you think a judge will be prejudiced against pro se for this case? This is not a typical cranky owner versus HOA suit. There is legitimate legal questions surrounding the common element and who is responsible for maintenence.

Thanks,
Bill

I have a case similar to yours" lairdwd". My management company hired a contractor who damaged my front wall while making a repair of a water main break. My insurance claim was denied, and the public adjuster I hired told me they could not pursue the insurance company because they said that the wall is a common element. As in your case, a demand letter got no response. So, while in the process of filing my suit against the HOA, I went to the county seat to get a look at the condo declaration. The county told me there was no declaration because my property is not a condo. So my first question is did you get a definitive answer as to whether the damage was to a common area? My second question is, if it was determined that you were responsible to pay, did you go after the insurance company? And third, if you hired an attorney, how were you able to include attorneys fees in your damage claim?

 

[omgomg]

I have a case similar to yours" lairdwd". My management company hired a contractor who damaged my front wall while making a repair of a water main break. My insurance claim was denied, and the public adjuster I hired told me they could not pursue the insurance company because they said that the wall is a common element. As in your case, a demand letter got no response. So, while in the process of filing my suit against the HOA, I went to the county seat to get a look at the condo declaration. The county told me there was no declaration because my property is not a condo. So my first question is did you get a definitive answer as to whether the damage was to a common area? My second question is, if it was determined that you were responsible to pay, did you go after the insurance company? And third, if you hired an attorney, how were you able to include attorneys fees in your damage claim?