Am I allowed to sue in small claims court for the return of a paid fine?

10 views 1 answers
I was recently fined for an alleged violation of barking dog. I presented evidence stating it was not my dog doing the barking as he was not home at the time. I feel the notices were sent and i was fined Due to a personal issue with one of the board members. I am going to pay the fine "under protest". Once this is done, am I able to sue for the return of then fine? I would also like to sue for a violation of the Davis-sterling act in the same suit. I'm under the impression an hoa that attempts to hold an election without election rules that comply with the law are subject to be fined $500 per violation. Is this correct and if so can i include both law suits together?

Attorney Answer

1
Frank Chen ·
No, I don't think you can sue the HOA in small claims court for return of the fine that you paid under protest. You MIGHT be able to sue the neighbor who actually caused the dog noise in small claims court. I do not think, nor would I suggest, that you also sue in the same small claims lawsuit, the HOA for failure to comply with the Davis-Stirling Common Interest Development Act. Small claims court is not equipped to deal with more complex or specialized areas of law.
0 upvotes