An HOA has failed to follow its bylaws (breach of contract), which has been documented in a thorough email trail to provide the facts and demonstrating communicating the bylaws to the HOA board.
If post-demand letter it is necessary to bring the issue to small claims court:
Is there any reason not to request a Summary Judgment Motion?
Assume that my understand of MSJ is limited to the provided link.
It seems that MSJ provides advantage (if one documents and provides a strong case):
- it provides the opportunity provide my narrative and exclude opposition
- it will minimize time and legal cost if successful
As always, any lessons learned or pitfalls to avoid are highly appreciated. Thank you
Attorney consultation indicates that the case would not be in small claims court. The opposing side will get a chance to respond. It was suggested that the case is a matter of law and not a matter of fact.