|
DG wrote:
> Whatever, Sub.
> When there are fundamental differences between the levels of "service"
> that two distinct HOAs provide, they can't necessarily be lumped into
> the same caselaw.
>
> Larger HOAs that act as mini-governments as viewed by their level of
> services can be legislated differently than small HOAs that offer few
> services...
>
> I wish we could lump all HOAs in a collective "acts like a government"
> basket..
>
That is your Opinion but not matter of the law.
In California, any association may be mini-governmental organization and
that has been clearly established.
The point is that the court in California will allow the Association to
be both corporation or mini-governmental organization based on strategy
the defendant or plaintiff will use.
It isn't always advantages for a homeowner to sue HOA as
mini-government because the government's liability is difficult to defeat.
In general California's Davis Stirling Act is fairly improved HOA law
lately in favor of homeowner, but it is unenforceable because courts are
bias and there are on teeth in the law against the HOA.
-Sub
|
|
Re: Courts rule HOA is a shadow government !!!!
