Board sueing me for $13

Started by EbonyJ • 14 replies • 1648 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

EbonyJ (Tennessee)
Posts: 62

Posted:

I exposed that a board member paid himself over $300 and will not provide receipts for things that he bought. I an on the events committee and we had $13 left over for an event. I spent $4 on postage to mail our receipts certified to the management company and $9 for a special meeting that the homeowners were having the prior weekend. The board because they are anger that we are attempting to change the bylaws so that they can't set themselves a salary, has threatened to sue me for the $13.. (I received a letter from the management company requesting the money back) I am holding my ground and not paying it back, so they have decided to take me to court.
Any advice

MelissaP1 (Alabama)
Posts: 13,836

Posted:

My advice...Countersue. You don't need an attorney like they do and doesn't cost as much. Just make sure to fill out the response paperwork from the court to properly countersue/respond. Don't forget to put a response whenever they send you any court papers. Each time you respond it can add more time for the suit to go through.

Also, make sure to ALWAYS write in the memo section where the money went if you write checks. I recommend always using checks when conducting HOA business. It grants you a paper trail.

Suing is an empty threat most of the time. I don't pay attention to it until the paperwork arrives. A HOA suing is not a good idea and they shouldn't even be doing it. It's just bad business to sue. Just let them hang themselves...

Former HOA President

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By EbonyJ on 07/14/2011 9:21 PM

I spent $4 on postage to mail our receipts certified to the management company and $9 for a special meeting that the homeowners were having the prior weekend.

Two Questions:

Do you have receipts to prove that those expenses took place?

Was you committee authorized to spend $9 on the special meeting? Depending on rules that govern your committee, you might not have been authorized to spend the $9 on that function.

Personally, I believe that the law suit is childish. However, if you didn't include receipts for those 13 dollars to account for those funds, don't fault the Board for holding you to the same standard of needing to have receipts for expenditures that you are holding them to.

Tim

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By MelissaP1 on 07/14/2011 10:24 PM

My advice...Countersue.

Melissa,

What would be the basis for the countersuit?

EbonyJ (Tennessee)
Posts: 62

Posted:

Yes, I provided all the receipts..We used the nine dollars for the special meeting to keep from buying a money order and mailing such a small amount back to the HOA. I feel like it I bend on this, they will just keep picking out things due to their personal agendas against me.. They spend money w/out providing receipts and hire contractors that are not licensed and bonded, and they don't even complete the job..

MelissaP1 (Alabama)
Posts: 13,836

Posted:

No basis needed for the countersuit. Just like a lawsuit you can sue for anything and everything...Doesn't mean you win. I would countersue for the 13 dollars and court costs. Plus there could be punitive damages such as harrassment thrown in. Think the punitive damages can go up to 5K in some states. Not that you get this money or judgement either. It's just for show for the most part as a way of showing you aren't standing for a frivolous lawsuit. Just bring the evidence.

Former HOA President

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Quote:

Posted By MelissaP1 on 07/15/2011 7:44 AM
Just like a lawsuit you can sue for anything and everything.

Yes. We've all read news articles about some "crazy" lawsuit before. Once, when I was selling a business, I told may lawyer to make sure the sales agreement protected me so I couldn't be sued. He said, "You can't stop people from suing you. All you can do is make it harder for them to win."

RZ (Arizona)
Posts: 51

Posted:

The Board is just asking for trouble by actually threatening to sue you! If you want to get your pound of flesh, and act out your inner troublemaker…(he he he) you could:

Pay it in 130 pennies.

Set up a repayment plan...one dollar a month for 13 months?

Write them 13 separate checks totaling $13- one check for $1.05, one for $1.02, one for .85 cents- mailed over 13 days.

On a serious note just take the high road and give them back their precious $13- you will be the better man/woman for it.

BrianB (California)
Posts: 2,820

Posted:

Quote:

Posted By RZ on 07/15/2011 12:50 PM
The Board is just asking for trouble by actually threatening to sue you! If you want to get your pound of flesh, and act out your inner troublemaker…(he he he) you could:

Pay it in 130 pennies.

Set up a repayment plan...one dollar a month for 13 months?

Write them 13 separate checks totaling $13- one check for $1.05, one for $1.02, one for .85 cents- mailed over 13 days.

On a serious note just take the high road and give them back their precious $13- you will be the better man/woman for it.

Just a note, 130 pennies won't quite cover that charge...

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By EbonyJ on 07/15/2011 5:22 AM
Yes, I provided all the receipts..We used the nine dollars for the special meeting to keep from buying a money order and mailing such a small amount back to the HOA.

Well if the Committee was to send the $9 back to the HOA, then the committee was wrong to spend the money on a special meeting unless the committee had approval from the Board to spend the money in such a way.

How many were on the committee that approved that expenditure and are there minutes of the meeting that documented that approval?

Quote:

Posted By EbonyJ on 07/15/2011 5:22 AM

I feel like it I bend on this, they will just keep picking out things due to their personal agendas against me..

If you did things improperly, admit it - correct it if possible - learn from it - move on while trying not to repeat it.

Where you the Chair of the committee or were you a committee of one?

Quote:

Posted By EbonyJ on 07/15/2011 5:22 AM
They spend money w/out providing receipts and hire contractors that are not licensed and bonded, and they don't even complete the job..

Totally separate issue from your Committee properly spending and accounting for funds.

Each issue needs to be addressed individually and these have zero impact on the issue of accounting for the $13 with the proper receipts. I know it can be frustrating as all get out. However, you and the Board need to address each issue separately.

Tim

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By MelissaP1 on 07/15/2011 7:44 AM
No basis needed for the countersuit. Just like a lawsuit you can sue for anything and everything...Doesn't mean you win.

Melissa,

I see where you are coming from and even agree with it.

However, I would encourage settling the issues out of court whenever possible.

Tim

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Quote:

Posted By TimB4 on 07/15/2011 3:07 PM
However, I would encourage settling the issues out of court whenever possible.

So would a judge.

KellyM3 (North Carolina)
Posts: 2,239

Posted:

Ebony,

Repay the $13 and then extract much more than $13 of joy in hassling this board member who won't behave with the $300 in expenses. Forget the whole court thing. Not worth it.

BradP (Kansas)
Posts: 2,640

Posted:

I would look at it from this perspective, if you lose will and can they tack on lawyer's fees? If they can the $13 has just ballooned out of control. I am not advocating one way or the other, under the circumstances maybe a settlement would produce the least amount of damage.

EbonyJ (Tennessee)
Posts: 62

Posted:

thanks for all the advice,, they decided to drop the issue of the $13

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here