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Another HOA law suit

Started by ArchieC1 • 11 replies • 1862 views

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ArchieC1 (Georgia)
Posts: 4
Posted:
Our HOA has been lucky for the past 25 years without a lawsuit. Now one of our members has files a lawsuit citing we have been harassing him for fours years. Basically he hauled in hundreds of CY of embankment so he could build on the hillside. We notified him of his violation of constructing without a permit and violating the state's clean water and sedimentation act. He is by a live stream.

Our only actions were to call the county's building department and report obvious violations.

Of course the HOA thinks the lawsuit is crazy; however, now we have to spend money defending ourselves.

What am missing?
JonD1
Posts: 2,350
Posted:
Quote:
Posted By ArchieC1 on 01/14/2013 6:32 PM
Our HOA has been lucky for the past 25 years without a lawsuit. Now one of our members has files a lawsuit citing we have been harassing him for fours years. Basically he hauled in hundreds of CY of embankment so he could build on the hillside. We notified him of his violation of constructing without a permit and violating the state's clean water and sedimentation act. He is by a live stream.

Our only actions were to call the county's building department and report obvious violations.

Of course the HOA thinks the lawsuit is crazy; however, now we have to spend money defending ourselves.

What am missing?

Not sure what "embankment" is in terms of material but the building inspector or the state EPA should be able to determine if they were in fact in violation of codes or laws.

Have they filed suit? Does the HOA have a lawyer? Is the HOA carrying a master insurance policy? With D&O coverge? Prhaps you might want to find out.

If a suit has been filed your HOA needs a lawyer versed in HOA law if possilbe not a general practitioner.

You are missng the fact that some people can be __________s.

RayC4 (Virginia)
Posts: 173
Posted:
Not sure you're "missing" anything. Anyone can file a lawsuit. But based on your post, I can't see how it will go anywhere, and it will cost the homeowner a lot more than any single association member. What is he asking for in the suit? Don't see any monetary damages, and reporting his actions to the county doesn't sound like much 'harassment'. What does he claim for relief?
ArchieC1 (Georgia)
Posts: 4
Posted:
The answer to all the above questions is yes. The material was "dirt" brought in by the dump truck loads.

The plaintiff wants lost wages, etc.

Yes, we have insurance and the insurance company has assigned their attorney to it.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Don't worry about it as your HOA did not harass anyone if they were giving notice. Next time I would NOT act as a HOA to turn in a violator. It may have been better as an individual had done it. People can sue for anything at any time...Does not mean they win.
Former HOA President
KevinK7 (Florida)
Posts: 1,343
Posted:
Sounds like you guys did nothing wrong. I say let him sue. From what I read on this board, it is cheaper to respond to a suit anyway.
NancyG3 (North Carolina)
Posts: 342
Posted:
Archie - Like others have posted it's best if he sues. When talking with your Attorney ask him if the Assn can countersue for Attorney fees or the Assn deductible.

You may want to check back with the County and State to find out what action they took towards this homeowner. They could be putting some pressure on him and he is blaming the Board.

Good luck.
PaulM18 (Virginia)
Posts: 46
Posted:
Quote:
Posted By MelissaP1 on 01/14/2013 8:28 PM
Don't worry about it as your HOA did not harass anyone if they were giving notice. Next time I would NOT act as a HOA to turn in a violator. It may have been better as an individual had done it. People can sue for anything at any time...Does not mean they win.

Not sure I understand the reasoning there... at least the HOA has Insurance to protect against a lawsuit... if a person gets sued they are on thier own
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:

You may want to check back with the County and State to find out what action they took towards this homeowner.


Its really irrelevant what actions they are taking against him. It's not the HOA harassing or taking action against him, its another agency. His harassment claim has nothing to do with the state/feds cracking down on him.

That said.... a totally separate issue is the harassment issue. Who knows, he may or may not have a case. Depends on what the details of his case are and what the HOA has been doing up until this point. There are two sides to every story.
RayC4 (Virginia)
Posts: 173
Posted:
"There are two sides to every story."

Of course there usually is. But responses on this forum normally take the posts at 'face value' in order to try to lend some perspective, etc. It would be fruitless to try to guess at all the (sometimes unspoken)aspects of these complex situations. Just sayin'...
MikeR15 (Massachusetts)
Posts: 389
Posted:
If there is no merit in the guy's lawsuit, have your attorney file a motion to dismiss. It should not cost you much, unless of course you have an attorney who lives to gouch HOAs....In that case the attorney would probably structure the thing to "go all the way"
BrianB (California)
Posts: 2,820
Posted:
Quote:
Posted By RayC4 on 01/14/2013 7:26 PM
Not sure you're "missing" anything. Anyone can file a lawsuit. But based on your post, I can't see how it will go anywhere, and it will cost the homeowner a lot more than any single association member.

While this is frequently true, our HOA is an example of the opposite (exceptions prove the rule, right?). Owner has filed multiple lawsuits, naming the HOA as a defendant or co-defendant. We must respond, and because we are a corporation, we are required to use a lawyer (thus, I can't do it myself and save money). So, every document the owner files must be reviewed by a lawyer ($$) because court documents go to the lawyer of record, and then a response filed with the court ($$ for filing, $$ for time). Court finally issues a judgement, for us, but owner then files appeal. More reviews ($$) more filing fees ($$$) more court appearances ($$$), and another win for us. Then, another appeal, etc.. Currently, we are at the Federal Appeals Court, so luckily, only one more after this (Supreme).

And, one might think it costs the owner a lot to do this, but... he files for the court under some rules that give indigent and penniless people a reduced rate/burden, so his costs for filing are less than 10% of what they would be for you and I as a citizen, let alone the difference between pro se filing and using a lawyer. He claims he is on the verge of bankruptcy, and thus, get the reduced rate to file in the system.

So, sometimes the system is pretty expensive.

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