Since my last accounting back on June 18th, 3 decisions were made on 4 cases, OAH-012/013 were consolidated (count as 2 cases).
OAH-12/13 was dismissed because homeowner failed to make his case — insufficient evidence.
OAH-020 was won by HOA for lack of sufficient evidence.
OAH-022 was dismissed since petitioner’s claimed of HOA violation would result in violation of corporate law.
Stats: (44% for HOs (8/18)
HOs 8
HOAs 10
split 3
vacated 3
In my reviews I keep on stressing the difference from complaining about the board or something you don’t like about the board, and the judicial requirement to prove your case with FACTS — evidence. If you can’t prove it, save your money and don’t file.
If you don’t like something about the board, well, recognize the fact that HOA living is now being admitted as being communal living (see Twin Rivers opinion) — your neighbors are like your spouse and you can’t do anything without his/her agreement. Like in marriage, compromise or get out! These type of “I don’t like” complaints should be handled through the voting mechanisms, poor and biased as they may be, but that’s the nature of the CC&Rs adhesion contract.
