Representing HOA in Small Claims
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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).)

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.

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