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We are the Board of a townhouse condo community. We have a couple of homeowner cases pending in small claims court which have been postponed a few times because our managing agent was not able to attend. We, of course, get charged by our attorney whenever there is a postponement. Our attorney has told us that they will not move forward in small claims without the managing agent or a board member present. Our board members, myself included, choose not to attend and have requested our attorney represent us, with or without the managing agent or a board member. He has refused. Any opinion on our attorney's demand, please. Thanks.
did he assist in causing a condition that caused the small claims claims? If you have several claims, you may have a big problem. Like: mismanagement.
Check your management contract first and see if there is a provision for court appearances. (so you cam hold it in front if him/her)... An adjournment does cost time and money and someone has to pay.. since it is small claims, is it an evening court? Ask the manager directly why he does not go and how the situation can be rectified, then start seeking new management because you are not being represented properly...if it is a larger company, ask for a new agent.
~AR
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First, I think the board should find out why the agent and atty could not make exact plans and stick to it.
If the agent agrees to be there and does not show up, unless it was an emergency, I would hold them responsible for the atty's fees.
The atty needs to really explain why he can't represent you without the agent there.
Why would this be in small claims court?? I don't think you need an atty for that type of court, depending on the situation.
Make both parties explain why this is going on and the board should put their foot down. Someone from the board may just have to go and get this matter dealt with, even though you may not want to do it, you may have to.
Good luck...
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