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JeanneK3 (Maryland)
Posts: 562
Posted:
All:
A bill to rein in excessive attorney fees has been introduced in the Maryland legislature. Here's the details:

SB1062 Condominiums and Homeowners Associations - Attorney's Fees Senator Muse In the Senate - Hearing 3/26 at 1:00 p.m. Judicial Proceedings
03/26/2013

Apparently, a Maryland condominium spent $200,000 in defense of a suit by a unit owner to recover $225 from the association. Wild.

Jeanne
LarryB13 (Arizona)
Posts: 4,099
Posted:
Jeanne,

There was a bill introduced in the AZ legislature a few years ago that would make the board members personally liable for all such fees if they lost a lawsuit. I supported it but the bill never made it out of committee.

When these lawsuits start flying around there is always way too much ego and way too little common sense involved.

KevinK7 (Florida)
Posts: 1,343
Posted:
I can see this as a great tool in dispute resolution. The HOA's attorney from my neighborhood kept filing motion after motion trying to drag the case on for the purpose of racking up costs for the plaintiff. And when I say motion they were ridiculous. One motion was to dismiss an attorney because he worked for a law firm nearly 30 years ago that helped write the covenants and restrictions, or something along those lines.

Now the plaintiff has racked up thousands in fees and who knows what the HOA spent.
JeanneK3 (Maryland)
Posts: 562
Posted:
Thank you Tim. How do I add live links? Jeanne
GlenL (Ohio)
Posts: 5,491
Posted:
A legislature filled with attorneys is going to pass a bill to limit their brethren's income, yeah I can see that happening...NOT.

Studies show that 5 out of 4 people have problems with fractions
MelissaP1 (Alabama)
Posts: 13,836
Posted:
This is another example of uneducated HOA members going outside their HOA to get more government control of their HOA. The very thing most of them say they don't want. An educated HOA would know how to properly use and what type of HOA they need. However, I find most of them don't know that and then get so dependent on lawyer's opinions they can't even operate or make a move. They then go to their state legislature to make sure their stupidity is regulated to "protect" them.

Sorry but it frustrates me to no end about HOA's who are lawyer dependent and then complain about their legal bills. They do it to themselves and then everyone else has to pay for it. Just take a few hours and READ YOUR DOCUMENTS!!! It is ALL in there on how to run your HOA without ever needing to get a lawyer except for filing liens/foreclosures. If your HOA needs a lawyer constantly for more than that, then it's lawyer dependent. There's better ways of handling things and all of it is in your documents. It's like having the bible in your hand and asking God to read it to you...

Former HOA President
CarolR11 (Colorado)
Posts: 2,563
Posted:
I totally get Melissa's passion, but I think she's calling for Boards to read their own documents. Not "HOAs."

Wait, maybe she does mean does mean the HOA members -Owners! I'd say, unless they're serious about wanting to change what's going on in their HOA, owners simply don't read their docs.

My experience, though, is that too may directors, too, do not have clue about what's in their on docs!!!
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By JeanneK3 on 03/21/2013 5:48 PM
Thank you Tim. How do I add live links? Jeanne

I go to www.quackit.com and use the first example.

MelissaP1 (Alabama)
Posts: 13,836
Posted:
I meant to say proper use of LAWYERS and NOT "HOA's". The number one issue I find is that people get it in their head that lawyers are needed whenever you do any kind of business or that lawsuits are the only answer/option. Blame it on too many court/lawyer shows on TV if you must. However, people who take the time to understand and educate themselves by simply reading their documents should know better.

Lawyers PRACTICE the law and are LICENSED to do so. They are a PAID profession. Their purpose is to understand the law and properly represent it in a court of law. They are the ones who should be familiar with case laws not us as individuals. It's the court job to properly translate the INTENT of the law to make sure it is NOT violated or is properly followed. Hence why you do not see me posting any case laws or reference any laws in my posts. I am NOT a lawyer nor paid to be one. It's my job just to hire the proper one for my needs.

Sorry but lawyer hiring gets me a bit "passionate". I find so many HOA's using lawyers as "crutches" that basically puts them in a wheelchair. A HOA is managed by it's members for it's members. If you don't like something those documents give you the right to change it without ever needing to go to a lawyer except for filing the paper work/proofreading. If done properly hiring an attorney should be done like your hiring an Electrician or any other paid contractor. They have their purpose and don't need one around full time asking a million questions. The answers are already in your hand if you have your documents in them.

Former HOA President

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