Not legal advice.
Judge Judy Scheindlin - reality TV dispute resolution personality former Family Court judge; author of
“Don’t Pee On My leg And Tell Me It’s Raining” (1996) and
“Beauty Fades, Dumb Is Forever” (1999); claims + 10 million viewers )
thrashes a pair of GLENDALE California condo Directors. Against the two Board member representatives of an unindentified 29 unit multi-storey Condo Corporation, she
awards $ 3, 331 ( U.S.) to the plaintiff pair of unit owners. That's to re-imburse for their LEGAL EXPENSES incurred in halting a slam-dunk
ALL WINDOWS IN THE BUILDING window replacement project contrary to the 1978 Declaration.
The plaintiffs' lawyer - & one later hired by the condo corporation AND BY JUDGE JUDY HERSELF - agreed that the 1978
Declaration provided ZERO authority for the condo corporation ( between Sep 2020 and Feb 2021 ) to herd individual unit owners forcibly into an ALL WINDOWS IN THE BUILDING REPLACEMENT project.
WAS IT IGNORANCE OR FRAUD ? Notified in Sep 2020 about a project stated expressly for "replacement of
ALL WINDOWS in the building", all owners had received a
misleading indicator that their participation was compulsory as to their own unit-dedicated windows. Such however was false and beyond the Board's legal authority ( as ultimately even agreed after the Board hired a lawyer ) .
The misleading Project proposal as circulated, treated that ( in spite of the 1978 Declaration ) unit-dedicated windows would be slam-dunked with common area windows as part of an ALL WINDOWS replacement. Being recommended was a low-bid contractor ( later allegedly with some connection to one of the Directors !
).
The Sep 2020 misleading Notice treated that individual owners'
participation was limited merely to casting a YES or NO ballot ( arguably required by the comparative magnitude of project total cost ).
Owners pointedly were not asked lawfully for
CONSENT limited to participating as to unit-dedicated windows !
One can readily construe that
incompetently or dishonestly the condo Board had been either totally ignorant of the governance documents. Or incompetent to apply them. Or themselves manipulated ?
Judge Judy's volatile temper was soon engaged by lack of sympathy for the defendant condo Board's rubbish defence.
One of the senior-age representative Directors looked - at best - "disorganized", giving factually incorrect critical answers and short of bid documents.
The defendant reps
claimed "a misunderstanding" instead of : "we were too lazy and incompetent and stubborn to listen to anyone until EVENTUALLY our own counsel had to tell us we were violating the governance documents" ! That rep kept on doing so until his microphone was cut. . . . .
He stubbornly also tried to argue bizarrely that a non-eligible participating Director's vote for the Project - and actually his eligibility to even sit on that Board - was skated onside
by having a mere Power of Attorney. That's instead of Declaration-required
FULL legal ownership of a unit. Judge Judy thrashed him for that argument too.
Judge Judy summarily turfs their chutzpah counter-claim.
The PLAINTIFF senior-age non-resident investor were totally prepared & well-organized. And Judge Judy quickly recognized that resolution would best be served by relying on the Plaintiffs' Notices.
Postscript : In the "dissing" scrum-aftermath the plaintiffs indicated that mis-governance - even dishonest & incompetence - was rampant at this condo corporation !
The representative Directors kept on shrieking about "misunderstanding"
without grasping that there had been none, as Judge Judy tried to straighten them out. They had learned nothing.
God help what the future may now hold back onsite for the plaintiffs . . .
( As noted by Judge Judy refusing to get their dedicated unit windows replaced was likely unwise IF - IF - such were 1978 vintage - 43 years old ? ).
CBS Broadcast Jun 3 2021 "Judge Judy" copyrighted :
"HOME OWNERS ASSOCIATION FRAUD ? " (
Philipossian plaintiffs v unidentified Glendale California Owners Association defendant represented by Directors Ms Robin Weiser & Mr Harmik Mirzakhanian)