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    SHAYNE1003's Avatar
    SHAYNE1003 Posts: 4, Reputation: 1
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    #1

    Sep 9, 2009, 04:48 PM
    How to answer requests for admissions/summary judgement
    Please help me how do I answer a summary judgement and also a summary judgement. I had someone staying in my condo a fire got started, the management company at the time is suing me for the cost of the fire, claiming that they are the owner of the condominium complex. Only the home owners association can file a lawsuit and they told me they are not going to file one. Isn't this fraud since they were only the management company at the time and not the owner of the complex.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Sep 9, 2009, 04:53 PM

    The management company may be able to file suit on behalf of the HOA. But only with their permission. The mgmt company would only be considered the owners if the property was in sales mode. But once all the units are sold the HOA has control.
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    SHAYNE1003 Posts: 4, Reputation: 1
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    #3

    Sep 9, 2009, 04:56 PM

    They are not suing on behalf of the HOA. They are suing on behalf of themselves. The HOA is not going to sue me. How do I answer the requests for admissions
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    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Sep 9, 2009, 05:14 PM

    What requests are they making? What you can try to do is file a motion to dismiss on the grounds that they have no jurisdiction.
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    SHAYNE1003 Posts: 4, Reputation: 1
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    #5

    Sep 9, 2009, 05:23 PM

    Thank you I will try that, do I still have to answer to the requests for admissions or just file a motion to dismiss. Can you give me an idea of what I should write in the motion to dismiss. The HOA told me they will not file a lawsuit against me, they were surprise to find out that the management company is trying to sue me. The management company was fired for mismanagement (some of the money from the insurance company for the fire came up missing). In the lawsuit they stated that they owned the property at the time of the fire. All units in the complex are individually owned. They were only the mgmt company not the owner, the condo complex was not up for sale.
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    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Sep 9, 2009, 06:01 PM

    Are you being sued in Small Claims court? If so the rules are more relaxed. Get a letter from the HOA that the management company was never owners of the complex. Then just word it like this:

    Pursuant to the case (insert docket #> bought by <insert plaintiff>, I am moving to dismiss this case. The plaintiff was never an owner of the complex (see attached) and has no right file suit on behalf of the complex (see attached HOA by-laws).
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    SHAYNE1003 Posts: 4, Reputation: 1
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    #7

    Sep 9, 2009, 06:09 PM

    Thanks a lot, I think I will try your suggestion.
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