Presuit Mediation vs. Slap Suit

Started by JamesB15 • 4 replies • 1495 views

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JamesB15 (Florida)
Posts: 87

Posted:

My HOA board pulled their presuit mediation 2 business days before the hearing. As I have stated on this forum they never intended to show up. Their bogus covenant violation has everyone wondering if it could happen to them. They accomplished their goal as I have paid nearly 4 grand to my attorney. I haven't met with my attorney yet since they withdrew their case to see if this is recoverable. Has anyone had a similar circumstance. This seems to me to be a Slap Suit.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

You may be able to get this off your taxes if it is on investment property. Why bring a lawyer to mediation? Mediatiom is used instead of court so it wouldn't technically be a lawsuit. Could they have decided not to do the mediation and then going with a lawsuit instead? Seems need some more details to sort through some of this mess. Otherwise not sure if you are done with this mess.

Former HOA President

LarryB13 (Arizona)
Posts: 4,099

Posted:

You have a contractual relationship with your HOA. In most states, attorney fees are recoverable in contract disputes. Additionally, many states have statutes permitting recovery of fees where an unjustified action has been brought. Since your HOA initiated an action causing you to spend a significant amount to defend yourself and then they abandoned their action, you should be able to recover your fees as this implies that the HOA brought this action in bad faith for the purpose of harassment.

JamesB15 (Florida)
Posts: 87

Posted:

Thank you Larry and PeterD3 where ever you are. Your advise has been simple and to the point. I started out trying to stop the board for charging a fee for use of common areas (pool)then raising dues without a vote and finally being sued for a bogus covenant violation. The remedy was RECALL and it worked exactly as Peter said. It cost me a couple hundred. I put the facts down as I saw them,copied the ballot, and received 60% of the 250 votes back in the mail. I did NOT recall the 2 members who had not joined the pack mentality. Bottom line, no pool fee or raise in dues and the check for my leagal expenses is in the bank. ccfj.net has all the information anyone in Florida could need for these tasks. The man who runs the site is there for you every step of the way.

PeterD3 (Florida)
Posts: 708

Posted:

Recall by Mail! Wow.

We did our on foot (but only 98 homes).

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