Real Estate Law
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Hello and welcome.
My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:
Why does the HOA allege they entered your property and took some of your belongings?
I look forward to assisting you as soon as I have received this information. Thank you.
She said in an email that she was trying to protect the HOA
I see. Thank you for the additional information, Angela.This appears to be a situation where the HOA had no right to take possession of the belongings, so they could be sued for conversion of assets, wherein you could seek the value of the assets wrongfully taken by them.Small claims court is normally the most cost-effective venue in which to pursue legal action against the entity, and since the value of the items they took are roughly $5,000 (the maximum one can sue for in small claims court), this type of case could be pursued in that court without an attorney since it is structured to permit litigants to represent themselves, saving you the cost of retaining an attorney.Here is a link to the Washington State small claims court web page:http://www.atg.wa.gov/ConsumerIssues/SmallClaimsCourt.aspx#.UYHNNpx0z74You could report this matter to the local police since they technically engaged in criminal activity since they had no right to seize your belongings. Because there is a contractual relationship between you and the HOA, the prosecutor may decide not to pursue criminal charges. It would typically be worth filing a police report in any case though.
I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!
Because she acted on behalf of the HOA is there some responsibility with them. My guess is that they may not be aware of the situation
Hello again,Yes, if she was acting within the scope of her authority, they could also be held liable under the doctrine of respondeat superior, which holds that employers/principals are liable for the actions of their employees/agents.
Sorry for the delay,the site as having problems .
I am really upset that the management company did this...If I retain an attorney do you have a very rough idea of costs & time. I have emails that show a timeline and accepting responsibility.