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IdaR (Texas)
Posts: 1
Posted:
we just issued a ballot for a special meeting on a petition. There was an error on the actual ballot. On three places it gave the correct time and place. On one section due to a cut and paste the wrond date got put on. More people have voted this time than normal, but the petitioner says he wants a new ballot issued due to the error.
we have advertised the error on our website, an email blast and on our marquees. Is this adequate or could this person win a law suit against the association.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
What can that person sue for? People can sue for anything and everything. It doesn't mean they win or have a valid lawsuit. A HOA member who sues their HOA is suing themselves and the other owners. I think knee jerk reactions everytime something is wrong like this just is overkill. The HOA has shown "due diligence" with announcing the error. It's not required to go above and beyond extra ordinary measures and expense to resolve a recognized and known problem. Did anyone vote on that date or chose to recognize it instead?

It's like a newspaper printing the wrong advertised sales date. They can retract it or they can print a correction announcing their mistake. If they didn't do this action, then the advertiser could file suit against the paper. Otherwise, it is just a mistake.

Former HOA President
MelissaP1 (Alabama)
Posts: 13,836
Posted:
What can that person sue for? People can sue for anything and everything. It doesn't mean they win or have a valid lawsuit. A HOA member who sues their HOA is suing themselves and the other owners. I think knee jerk reactions everytime something is wrong like this just is overkill. The HOA has shown "due diligence" with announcing the error. It's not required to go above and beyond extra ordinary measures and expense to resolve a recognized and known problem. Did anyone vote on that date or chose to recognize it instead?

It's like a newspaper printing the wrong advertised sales date. They can retract it or they can print a correction announcing their mistake. If they didn't do this action, then the advertiser could file suit against the paper. Otherwise, it is just a mistake.

Former HOA President
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Once, when I was selling a business, I asked my attorney to make sure everything was covered because I didn't want to be sued by the buyer if the business failed after he bought it. The lawyer said, "You can't stop people from suing you. All you can do is make it difficult for them to win."

Basically, I wouldn't worry too much. To win a suit an individual is going to have prove how they've been harmed by the mistake. If no harm was done, a judge is not likely to be willing to waste the court's time and would likely dismiss the suit.

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