The plumber is my main witness that the HOA plumbing not only caused my damage, but also, by delaying a week to repair the pipe, the HOA was forced to remove part of my hardwood flooring that became damaged. They want me to pay for that removal. My understanding is that I can subpoena the HOA's records, but it sounds like I would not be able to read those reports until the day of the trial and I don't want any surprises. Also, do I have any legal remedy for the HOA refusing to open their books (accounting records, ie plumbers invoices/reports) to me when I request it?
Yes, you can subpoena the plumber to appear as a witness and to produce documents at the trial if there is a pending lawsuit in which you are a party. If you are in small claims court, you won't get the documents until the day of trial. Regarding subpoenas, see:
http://courts.ca.gov/11162.htm
As a homeowner, you have the right to inspect and copy the HOAs books and records, but not all records are subject to inspection. See CA Corporations Code 8313. You can sue in small claims court to enforce their right to inspect and copy the HOA's records. If the court finds that the HOA unreasonably withheld records, the court may assess a penalty against the HOA of up to $500 for the denial of each separate written request and order the production of records pursuant to CA Civil Code section 1365.2(f).
You have a right to inspect the association's books and bills without a subpoena. See Sections 1363 et seq. of the Civil Code (
http://www.leginfo.ca.gov/.html/civ_table_of_co...
). Consult an attorney about enforcing your rights under the Civil Code.
James C. HiggsEstate Planning AttorneyMount Pleasant, MI ·
Discovery requests can usually get the documents. Each court system has its own discovery rules, usually judge order. If the litigatin is ongoing check on the Scheduling Order given by the court and see when you are able to do discovery. A simple Request For Documents, that spells out exactly what you are looking for should be enough to get a court to order the documents provided. You can consult a lawyer, or look up court rules online to see how to do this. A subpoena can also be written so that documents are due in advance of trial on a certain day. You would have a right to a copy before trial, or at least a full inspection using that method. That would need to be judge signed if you are not using a lawyer. Check the Scheduling Order and California Court rules on all of that, or better yet consult an attorney on procedure.
