Small Claims Question
Location: Broward County. Florida
I want to file a case in Small Claims Court but don't know who to list as the defendant, an entire HOA Board or the president of the Board as a private individual. Facts:
- I was the HOA President for two years until my voluntary resignation.
- While reorganizing the Boards financial structure I opened a Credit Card account. This was used only for business use by Board members. There is no restriction or mention in the Condominium Documents regarding the President opening such an account.
- The account was utilized and paid on time until my resignation. Once I resigned the new president stopped my access to the account. Nothing wrong with that. I was then unaware of further charges and/or payments made.
- I heard nothing of this account until 20 months after I resigned when the monthly statement was accidentally sent to me by the bank. I saw that no payments had been made since I resigned. The account was now in collections. The statement was addressed to me by name.I called and inquired and was told that I was the guarantor of the account since I was the one that opened it even though it was a business account for the HOA. I explained that I had resigned and they made a note.
- Three months ago, I saw a $1011.00 withdrawal was made from my personal checking account by the bank. I called and was told that the funds had been withdrawn by the bank and the money applied to the HOA 's credit card balance as a payment. I again explained the situation but I was told the bank would refund my money.
- Of note, during all the time that had passed, the current president harassed me over several different issues. She had made negative comments regarding my actions which resulted in a state in a state investigation which resulted in findings that her accusations of theft were unfounded and no actions by me were unlawful and the case was closed. I decided to let it go and move on in life. She continued to harass me.
- When I saw this bank transaction and I received the information as to what happened, I sent an email to the President requesting a refund. Explained what had happened. No response to my email Two weeks later I sent another request for a refund. I received a response saying that because I opened the credit card account with no authorization, the Board will not refund my money. It was signed, The Board, even though she responded. Nowhere in the Condominium Documents does it state that board permission is required for any such action by the President, and therefore is allowed.
My question: I know the condo president is responding with the denial to my request for the refund in a continuation her harassment. I believe she has overstepped her authority. Should I file listing her or the Board as the defendant? I don't believe that this was ever brought up for any type of vote even though she signed the email,'The Board". Thanks to everyone for taking the time to read this.
Posted Oct 3, 2025, 5:22 PM UTC
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