J & N REALTY, INC.

Key Questions in Analyzing Owner's Claims  

__  Did the board violate a provision of any of the governing documents? If so, is there any reason why the provision may be unenforceable? See, e.g., Nahrstedt v Lakeside Village Condominium Ass’n (1994) 8 C4th 361, 33 CR2d 63 (provisions of governing documents may be unenforceable if they violate public policy, e.g., if they are discriminatory or unconscionable). If the board has violated the governing documents, and the violated provisions are enforceable, then the owner may have a valid claim. 

__  Did the board violate a federal, state, or local law? If so, is there a private right of action to enforce the law, or is it enforceable only by the district attorney or other appropriate agency? If the board has violated a law, and there is a private right of action to enforce it, then the owner may have a valid claim. 

__  If the owner may have a valid claim, has the owner sustained any monetary damage? If so, in what amount? Is the owner potentially entitled to an injunction or to other equitable relief? If the owner has a valid claim, is the dollar amount so small that the only reasonable venue is small claims court? 

__  What is the owner’s real complaint? Is the board making decisions that the owner dislikes but that do not violate the governing documents or any statute? If so, the owner should be counseled to use political rather than legal remedies. For example, the owner can run for the board of directors at the next election, or can encourage other members with similar opinions to run for office. In particularly egregious situations, the owner may even be able to spearhead a recall election, although these can be bitter and divisive, and often do not succeed.