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Feldsott Lee Pagano & Canfield
Orange County Homeowners Association Law Firm

Sometimes homeowners' association members need to fight back

Living in one of California's residential communities often comes with paying for extras such as pools, landscaping and gyms, among other things. Homeowners' association members have the right to have their HOA payments spent appropriately. In some cases, the trust residents have for the board are misplaced, and when something is amiss, they need to fight back.

For instance, a member of an HOA board in another state was recently convicted in a California court for embezzling funds. By the time residents became aware of the theft, the man and another board member, a woman, had siphoned approximately $2.8 million from the association's accounts. The pair used false invoices in order to collect the funds.

The San Mateo man spent around 10 years on the condominium association board overseeing a budget of approximately $5 million a year. It was not until another board member noticed that something was not right that it was brought to the attention of residents. As it turns out, the man had a gambling problem and was using at least some of the funds to pay for his addiction. It took several years, but residents may finally be seeing some justice.

Even so, homeowners' association members may be able to pursue more than just justice from the criminal courts. It may also be possible to file a lawsuit in a California civil court seeking restitution for their losses. In order to understand their rights and legal potions better, it may be a good idea to consult with an attorney who routinely deals with these matters.

Source: smdailyjournal.com, "Woodlake embezzler convicted", Anna Schuessler, May 12, 2018

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