Questions answered by David Gonor

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HOA board members blatantly violating CC&Rs. What can I do as a homeowner?

David's answer | Answered on October 26, 2015

I agree with the others. However, you may also try going to a meeting and bringing it to the full attention of the board. Maybe they know, maybe...

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Common area in severe disrepair for over three months. My 80 yo mother tripped due to the broken floors. Can we sue the HOA?

David's answer | Answered on October 26, 2015

I agree with the others but would just add that it will be helpful to gather up any written documentation that may exist as well. For example, is...

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Difference between settlement and paying full debt?

David's answer | Answered on October 26, 2015

I agree that it will depend on how it is reported by the creditor. Make how they report the settlement part of your negotiation. There are...

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Upon winning a Small Claims case, can the bailiff force the loser to pay the winner whatever cash he has on his person?

David's answer | Answered on October 25, 2015

The only procedure I am aware of where someone can be forced to empty their pockets right then and there is if there is an assignment order...

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Former HOA board member is still keeping the association documents including personal records such as violation notices

David's answer | Answered on October 25, 2015

You can file a lawsuit claiming breach of fiduciary duty but that seems premature at this point. As a homeowner you are entitled to a lot of...

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I wrote a $1000 check to a contractor that bounced (NSF). Now a collection service is trying to collect the amount.

David's answer | Answered on October 21, 2015

It's hard to tell what the collection agency can or will do based on the information that was provided. My gut says that you don't have any...

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Should I take legal action?

David's answer | Answered on October 21, 2015

I both agree and disagree with some of the advise responding to this question. I totally agree that small claims is your most viable option. ...

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I had a credit card company get a default against me at an address I did not live at, can I sanction the company?

David's answer | Answered on October 20, 2015

I agree with Mr. Harrell. However, keep in mind that time is not on your side as there are time limits as to when those motions can be made. ...

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Our HOA mailing meeting notices exactly 4 days and most members are not receiving notices on time.

David's answer | Answered on October 19, 2015

I agree that the Davis-Stirling Act puts a 4 day minimum on notice requirements. Possible things to do are to start a Facebook page for the...

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I had a slip and fall in water at a local grocery store last July, The stores insurance company is only accepting medical bills.

David's answer | Answered on October 19, 2015

I agree with the others, especially the parts about being careful not to let your statute of limitations run. I'm curious as to why the store is...

David Gonor's Answers (118)

HOA board members blatantly violating CC&Rs. What can I do as a homeowner?

Common area in severe disrepair for over three months. My 80 yo mother tripped due to the broken floors. Can we sue the HOA?

Difference between settlement and paying full debt?

Upon winning a Small Claims case, can the bailiff force the loser to pay the winner whatever cash he has on his person?

Former HOA board member is still keeping the association documents including personal records such as violation notices

I wrote a $1000 check to a contractor that bounced (NSF). Now a collection service is trying to collect the amount.

Should I take legal action?

I had a credit card company get a default against me at an address I did not live at, can I sanction the company?

Our HOA mailing meeting notices exactly 4 days and most members are not receiving notices on time.

I had a slip and fall in water at a local grocery store last July, The stores insurance company is only accepting medical bills.