Has your California HOA sued you in small claims court – for late assessments, for example – and you don’t know how to respond or where to go for help?
 
OR would you like to challenge the last HOA election in small claims but don’t know where to  start?
 
OR would you like to get money back from the HOA that you paid under protest (using Civil Code §5658) like illegal towing charges?
 
Help with using small claims court is available now for homeowners both online and in person. 
 
First: the Judicial Council  — the state agency that runs the courts in all 58 counties – has revamped its Self-Help website

• to offer step-by-step instructions to help people understand the small claims process
• to help people figure out which forms they need to use, and
• to explain what to do after the trial is over, e.g. how to collect a court-ordered assessment refund or illegal towing charges or a fine of $500 levied against the HOA for refusing to release financial records. 

Here’s the Council’s new website: https://selfhelp.courts.ca.gov/small-claims-california  Some California county courts have adapted the Council’s website to their own.  Here’s the one from Alameda County courts https://www.alameda.courts.ca.gov/divisions/small-claims

Second: Self-Help Centers are attached to each court in California‘s 58 counties.  They were started, because so many Californians – like HOA owners – can’t afford a lawyer and want to represent themselves in court instead of hiring an attorney.  Here’s the link where you can find the Self-Help Center in your county: https://www.courts.ca.gov/selfhelp-selfhelpcenters.htm?rdeLocaleAttr=en

Homeowners can go to the Self-Help Centers (1) to talk to staff about the Judicial Council’s new website (2) to get grounded in small claims procedures (3) and to understand HOA laws, whether homeowners are responding to a HOA suit or are thinking of filing a claim against the HOA. 

Self-Help Center staff can also help with

• Getting fee waivers for filing in small claims
• Getting a translator if English isn’t your first language
• Explaining how to find in court archives examples of successful small claims cases filed by homeowners in your own county

[The Center for HOA Law also archives examples of successful small claims suits filed by owners throughout the state.  Examples are available to owners who support the work of CCHAL by making a $35 contribution at Join Us]

Self-Help Center services vary by county.  Some Centers offer phone and video appointments and chat lines.  Others offer in-person services only.  Office hours vary.  It’s best to find out where the Self-Help Center in your county is located, to research services and get acquainted with staff BEFORE you need them – not when you’re under stress trying to resolve a problem with the board or property manager or your neighbor.

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