Q: How do I sue to force an action?

A: In California, if you are a member of a homeowners' association (HOA) and the HOA is not providing the information and documentation you are legally entitled to, you can file a lawsuit to compel the HOA to fulfill its obligations. Here are the steps to consider:

1. Send a formal written request: Before filing a lawsuit, send a written request to the HOA, specifying the information and documents you are seeking and the legal basis for your request. Keep a copy of this request for your records.

2. File a complaint: If the HOA does not respond or refuses to provide the requested information, you can file a complaint in the appropriate Superior Court. In California, this is typically the county where the HOA is located.

3. Prepare the complaint: In your complaint, state the facts of the case, the legal basis for your request, and the relief you are seeking (i.e., an order compelling the HOA to provide the requested information and documents).

4. Serve the complaint: Once you have filed the complaint, you must serve a copy of the complaint and a summons on the HOA's registered agent or a responsible officer of the HOA.

5. Attend the hearing: The court will set a hearing date for your case. At the hearing, you will have the opportunity to present your arguments and evidence to the judge. If the judge finds in your favor, they will issue an order compelling the HOA to provide the requested information and documents.

It is highly recommended that you consult with an attorney experienced in HOA law to assist you with this process. They can help you draft the complaint, ensure that you have a strong legal basis for your request, and represent you in court.

Remember that filing a lawsuit should be a last resort after you have exhausted all other options, such as negotiating with the HOA or seeking assistance from a mediator or the California Department of Real Estate.

A: Thank you for your question!

1. Only some authorized members of the association are allowed to demand to inspect or receive a copy of the membership list, books, records, or minutes.

When the authorized member makes a demand to inspect or receive a copy of the community association's membership list and the association neither completes nor obtains a protective order, the member can bring a "writ of mandamus."

In general, the authorized member can obtain a court order to enforce their right of inspection.

2. The demand to inspect must be in "good faith" and with a "substantial basis" reasonably related to the requesting members' interest.

3. A member of the association should comply with the alternative dispute resolution requirements, or else the member may lose their right to sue the association or another member.

The steps you need to take are: 1. Determine if you are an authorized member; 2. Is your request in good faith reasonably related to your interest? 3. Pursue the alternative dispute resolution; and 4. If 3 doesn't work out, bring a court order to enforce your right.

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you consult with an attorney in more detail.