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Several statutes affecting homeowner associations (HOAs) also explicitly provide the Small Claims Court with jurisdiction to grant equitable relief. For example, California Civil Code § 1365.2 authorizes a person to bring an action in Small Claims Court to inspect and copy HOA records, and to ask for a civil penalty of up to $500 for each violation. The action to enforce the right to inspect and copy HOA documents would be an action for injunctive or declaratory relief. Similarly, Civil Code § 1363.09(c) allows a member of a common interest development to seek injunctive relief in any case involving association-related elections to be brought in Small Claims Court if the amount of the demand does not exceed the jurisdiction of the Small Claims Court ($7,500).
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Disclaimer: The information presented on this web site was prepared by Melissa C. Marsh for general informational purposes only and does not constitute legal advice. The information provided in my articles and alerts should not be relied upon, or used as a substitute for professional legal advice from an attorney you retain to advise or represent you. Your use of this Internet site does not create an attorney- client relationship. Transmission of this article is not intended to create, and receipt of it does not constitute, an attorney-client relationship. All uses of the contents of this site, other than personal uses, are prohibited. You may print or email a copy of any information posted on this web site for your own personal, non-commercial, use, but you may not publish any of the articles or posts on this web site without the Express Written Permission of Melissa C. Marsh.
Located in Los Angeles, California, the Law Office of Melissa C. Marsh handles business law and corporation law matters as a lawyer for clients throughout Los Angeles including Burbank, Sherman Oaks, Studio City, Valley Village, North Hollywood, Woodland Hills, Hollywood, West LA as well as Riverside County, San Fernando, Ventura County, and Santa Clarita. Attorney Melissa C. Marsh has considerable experience handling business matters both nationally and internationally. We routinely assist our clients with incorporation, forming a California corporation, forming a California llc, partnership, annual minutes, shareholder meetings, director meetings, getting a taxpayer ID number (EIN), buying a business, selling a business, commercial lease review, employee disputes, independent contractors, construction, and personal matters such as preparing a will, living trust, power of attorney, health care directive, and more.