HOA, with Carpenter law firm, stipulated to violation as filed by homeowner. The violation was an appointment of direcors not permitted under CC&Rs. Yet, HOA refused to pay homeowner his $550. By law, the homeowner gets the money.
How much did it cost the HOA for these attoneys? Why did the HOA continue to the OAH? According to the HOA, it’s not a contested case, since they conceded. So why should HOA pay the fee? ALJ said the admission by HOA occurred after the petition was filed, so, by law, the fee is due.
The new judge, Lewis Kowall, appears to be a rather straight-forward judge, keeping the hearing an orderly process. No “excess”, non-related documents and evidence, witnesses, or non-related testimony. Good idea! Stick to the issues. Quick, short decision.
In the past, too many hearings were “let them get it of their chest” sessions with evidence and testimony unrelated to the complaint being allowed. Petitioners must stay focused and stick to the narrow issue stated in their complaint. If it’s about an invalid election, do not talk about garbage can violations, or open meeting violations, etc.
The judge did stiplulate a time frame for paying the $550 fee — 30 days.
ALJ judge, nor any judge, can issues orders for potential violations not yet occurring.
