First, after listening to the Wozniak pre-hearing conference (11F-H1112001-BFS), I would like to say that ALJ Kowal did an outstanding job in conducting a fair hearing for an average, unknowledgeable Pro Per homeowner. And, HOA attorney Karr acted in a professional manner, with due deference in dealing with a Pro Se party. Judge Kowal took the time to explain and understand position of the homeowner, and the law as to what was required to be shown.
In my view, the homeowner didn not rise to the issue of a valid claim under the OAH jurisdiction as alleged by the HOA attorney. Example: the homeowner produced no evidence in support of her arguments, while the attorney had in her possession a copy of the deed showing that homeowner did not own the property and the time of filing. The judge focused on this issue, and if true, then all other claims would not be addressed.
As to homeowner’s motion for default judgment, homeowner claimed that HOA failed to respond in time to Petition and she is entitled to a default judgment. Karr pointed out that the rules of court permit a motion to dismiss serves as a valid Answer to a Petition. ALJ said he made no decision to deny motion, as the records clearing indicate. This was well handled by the ALJ. If the motion is denied, the HOA can then have time to file an Answer.
