How inept is the Master Association?
How can the Edgewater Isle Master Association file 2 small claims cases against the same defendant and then FAIL TO SHOW UP both times? Quite a different scenario from the time the Association notified the entire membership base of a case in which they were a small claims defendant.
On August 4, 2011 and October 21, 2011, Edgewater Isle Master Association filed small claims cases for collection of delinquent dues. Edgewater Isle Master failed to appear at both hearings. Both small claims cases were filed while the Association was SUSPENDED by the CALIFORNIA SECRETARY OF STATE. (You're not supposed to do any business when you're suspended by the Secretary of State.) This is the first known case where the Master Association board of directors sued a homeowner in small claims court for delinquent dues. Previously, the Master Association has recorded assessment liens and foreclosed on a unit, but here, the association began to use small claims court as its method of pursuing payment. But they didn't exactly do it right.
In addition, A.S.A.P Collections in San Jose, who filed the paperwork on behalf of the Association, told us that a board member went to THE WRONG COURTHOUSE. BOTH TIMES! This board member is in charge of the financial well-being of the association?
How could anyone have been confused where this courthouse is? It's printed front-and-center on the paperwork:
Both cases were dismissed by the court because the Edgewater Isle Master Association failed to appear.
Edgewater Isle Master Association displays incompetence
Why didn't the property management company, Common Interest Management Services, send someone to prosecute the case? Why didn't Common Interest Management Services REMIND someone from the Board that one of THEM should attend? How many people dropped the ball here?
Master files a second time
After having dropped the ball in this case, the Master Association filed a second small claims case against the owner on October 21, 2011, claiming damages of $4,822.19. The hearing was set for December 9, 2011 and put "off calendar" because neither side appeared in court.
The Association did not dismiss the case, but for the second time, failed to appear.
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