Homeowners Association Wins Dispute Over HOA Fees

July 1, 2003

Dan L. Longo, Richard D. Newman and Michelle A. Hancock of the firm's Orange County office successfully defended a local homeowners association in a law & motion matter. A dispute arose between the Homeowners Association and a homeowner over unpaid HOA dues. The Association filed a foreclosure action against the owner, who then filed a cross-complaint alleging numerous tort theories of liability against the HOA.

After a lengthy discovery process, wherein the judge was forced to appoint a discovery referee because the homeowner objected to each and every request for documents and responses to interrogatories, the referee granted the Association's motion to compel in its entirety and assessed sanctions of over $3,000 against the homeowner's attorney. At the same time, the homeowner attempted to file a §170.6 affidavit on the referee, filing several objections and motions and a writ seeking to vacate the proceedings before the referee. The court adopted the referee's proposed order in full.

The discovery order was in July 2002. The homeowner did not comply but instead filed a motion to vacate and then yet another writ, which were denied in September 2002. Edwards still would not respond to the discovery and refused to pay the sanctions. In the meantime, the court set the matter for trial on May 12, 2003. Last month I filed a motion for terminating or issue sanctions based on their failure to comply with court order. Edwards opposed it by arguing basically the same grounds that he had unsuccessfully argued in the numerous proceedings last year.

Judge Trask in Riverside heard the motion, finding that the homeowner's failure to comply with the discovery order to be inexcusable and dismissed the cross complaint at trial.