Q: Can an HOA be sued in Federal Court?
My HOA states I'm in violation of the HOA rules and assessed a $200 fine. I requested to see their evidence. I requested the name(s), dates and person(s) who conducted their investigation to make this determination. I told them I have evidence to prove I didn't violate but it's their arrogance that pisses me off. I told them I have the 5A right to due process and 6A right to face my accuser(s) and see the evidence. Also, I mentioned if this were a civil suit in discovery I would file an MTD and the case would be dismissed with prejudice. At that point they stopped communicating because they likely have sent this to their attorney for review.
I've paid the so called fine and requested a hearing. I'd like to know specifically what my options are if the hearing goes the way I suspect it will. They've already pronounced me guilty and assessed a fine without even the benefit of a hearing. How can this NOT be a violation of my rights?
Of course I know I need to speak with an attorney!
A: A Pennsylvania attorney could advise best on state-specific law about HOAs, but your question remains open for two weeks. To have jurisdiction in federal court, you generally need either a question of federal law, or diversity jurisdiction (which carries with it a monetary threshold). An attorney could advise best after looking at the paperwork. Good luck
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