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July 19, 2008
One Remedy For Really Bad Neighbors - Sue the B _ _ _ _ _ _ _ _ _s!
Gosh, I do not generally recommend suing anyone except as a last resort. However, many boards and many owners are at the ends of their rope! The economy certainly takes its toll on the average citizen in more ways than even imaginable. Through the trickle down effect of foreclosures, lost jobs, higher costs in gas, utilities and even groceries, things get left undone, and people resort to "other means" of making money. The neighborhoods are at risk!
So what do I mean by Sue the B _ _ _ _ _ _ _ _ _s?
I am not recommending paying an attorney bizillions of dollars to sue in "big court". There is another option in many cases. I have spoken about it before. If you believe that there is such a nuisance, eyesore, bad element hanging out, possible criminal (drug, prostitute, or otherwise) activity going on next door, and you have some proof (pictures are worth a thousand words), consider this possibility.
Neighbors can sue neighbors in small claims court for up to $7500. Boards can sue individuals or even corporate or trust owners in small claims court for $5,000. Boards and owners can sue the persons or banks that take property back or buy it through foreclosure sales and do not fix it up. There is a cavaet on the amount. Iif two other small claims complaints are filed by the person suing within the same year, the amount requested drops to $2500. These are California figures.
Small claims court is especially designed for people and businesses to seek resolutions to their legal complaints in the form of money.
Nuisance that comes in all forms. If you have read earlier blogs or articles on my website (http://www.californiacondoguru.com) about dealing with abusive and nasty neighbors, and criminal activity in the neighborhood, you will find remedies including the one I am speaking about here. More recently, I have been writing about abandoned property, dilapidated, ugly and responsible for bringing down the neighboring property values.
You don't have to hire an expensive attorney to sue and try to prove the lowered value (which is a real uphill battle these days anyway simply because of the subprime mortgage crisis and hurting economy. You, your family, your neighbors, your HOA, and anyone who is affected by the dilapidated property can head on down to the local county small claims court offices and pick up a complaint form. All you have to do is list all owners as defendants. That can be the tricky part, but once determined, one family of 7 can file 7 complaints, seeking $7500 each. 10 neighbors can file 10 complaints each, seeking $7500. The HOA Board can file a complaint seeking $5000 in damages. You can all work together or separately.
This should get the owners attention.
There are other things you should know, and this is an area in which attorneys can provide expertise (providing advice about what to do if this .... or what to do if that happens ...., etc. And the small claims courts have advisors that give guidance on the process itself (not legal advice, but guidance on the process) for free.
What are you waiting for? Just a suggestion. Don't expect big bucks unless the complaint is served properly and the defendant is a "no show", and write a letter BEFORE filing the complaint with your demands.
This is simply one of the tools in my toolbox that I offer to owners in distress, who cannot afford attorneys, and HOAs that are frustrated, concerned, and suffering a tight budget because of all the extra costs and losses these days, and it may or may not work. I have seen it work. There are ways it can backfire, in certain situations.
And be advised that if you go into small claims un- or ill-prepared, be prepared to lose. There must be some believable evidence to present. Just saying it is so does not often convince a judge or hearing officer that it is.
Posted by Beth Grimm at July 19, 2008 11:27 AM