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REPRESENTING AN HOA IN SMALL CLAIMS

Attorneys. Attorneys are not permitted to represent parties in small claims court actions. However, attorneys are allowed to provide advice to a party before or after commencement of a small claims action. Attorneys are also allowed to represent parties in a small claims appeal (Code Civ. Proc. § 116.530.)

Corporate Officers, Directors, Managers. Incorporated HOAs may appear and participate in a small claims action through an employee, or a duly appointed or elected officer or director, who is employed, appointed, or elected for purposes other than solely representing the corporation in small claims court. (Code Civ. Proc. § 116.540(b).)

Association Managers & Agents. In addition, homeowner associations created to manage a common interest development, as defined Civil Code § 4100, may appear and participate in a small claims action through an agent, a management company representative, or bookkeeper who appears on behalf of that association. (Code Civ. Proc. § 116.540(i).)

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