Does HOA need membership ok to sue?

CarlA3 (Florida)
Posts: 4

Posted:

does the BOD have the power to initiate legal action against a member without a general membership vote? our hoa has a personal issue with one member over nit picky things that they don't have issues with others for doing the same things. they have initiated a lawsuit against this individual. this is just wasting hoa funds which we don't have a lot of and the chances they win anything other than compliance is slim to none. they are just rogue and are out to mess with this person. what can I do as a member?

WayneF2 (Illinois)
Posts: 11

Posted:

Quote:

Posted By CarlA3 on 06/17/2013 12:36 PM
does the BOD have the power to initiate legal action against a member without a general membership vote? our hoa has a personal issue with one member over nit picky things that they don't have issues with others for doing the same things. they have initiated a lawsuit against this individual. this is just wasting hoa funds which we don't have a lot of and the chances they win anything other than compliance is slim to none. they are just rogue and are out to mess with this person. what can I do as a member?

Generally the BOD does have the power to initiate legal action without a HOA-wide membership vote.

As a member, you can work to get this rogue BOD recalled and perhaps have yourself installed instead -or- work to change your Bylaws to require a membership vote before initiating legal action in the future.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

A HOA suing an individual member is not smart. I always say that suing your HOA is suing yourself and your neighbors. A HOA suing a member is using it's funds of all it's members against one member. There are better ways of handling things. A HOA should avoid lawsuits altogether. A court can only make one WHOLE and not a profit. What they are asking for in this suit is punitive damages or has to be for money the HOA has spent on the issue.

A HOA is better off being counter sued and levying liens... Those are the best options. Otherwise you are wasting the HOA and court time and money.

Former HOA President

JonD1
Posts: 2,350

Posted:

Quote:

Posted By CarlA3 on 06/17/2013 12:36 PM
does the BOD have the power to initiate legal action against a member without a general membership vote? our hoa has a personal issue with one member over nit picky things that they don't have issues with others for doing the same things. they have initiated a lawsuit against this individual. this is just wasting hoa funds which we don't have a lot of and the chances they win anything other than compliance is slim to none. they are just rogue and are out to mess with this person. what can I do as a member?

Carl if you are coming here to post lets at least try to lay all the cards on the table.

Rather than attempting to paint yourself as some sort of guardian for all that is right.

In another post you claim to be in the process of suing your own HOA. Now perhaps that MIGHT add some tilt to the story you presented here.

So why not come clean and tell us all about the nit picky rouge Board you have decided to sue.
And just how that serves anyone but you......

I have to laugh when you bring up wasting HOA funds. But when you sue them defending that matter is a wise use of HOA funds????

CarolR11 (Colorado)
Posts: 2,563

Posted:

I must agree with Jon. (And that's rare.) Lay your cards on the table, Carl, if you want useful advice and perhaps insights.

AnnH4 (Florida)
Posts: 53

Posted:

Yes. The HOA Board does have the right to bring a suit against a member without the vote of the membership AND on behalf of the HOA. As far as "nit-picky", perhaps if the Board did not enforce the same "nit-pickiness" on other members but only on the member being sued, then perhaps that member would have a case for selective enforcement?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By CarlA3 on 06/17/2013 12:36 PM

our hoa has a personal issue with one member over nit picky things that they don't have issues with others for doing the same things.

Does the Association have a right to initiate legal action to bring violation into compliance with the governing document?
Answer: YES

May the Association use selective enforcement (enforcement action on one and no enforcement action on another for the same violation)?
Answer: Sadly, YES. However, where selective enforcement is used, if challenged in court, the Board lessons their credibility with the court and may lose parts of any legal action concerning enforcement.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By JonD1 on 06/17/2013 4:56 PM

Posted By CarlA3 on 06/17/2013 12:36 PM
does the BOD have the power to initiate legal action against a member without a general membership vote? our hoa has a personal issue with one member over nit picky things that they don't have issues with others for doing the same things. they have initiated a lawsuit against this individual. this is just wasting hoa funds which we don't have a lot of and the chances they win anything other than compliance is slim to none. they are just rogue and are out to mess with this person. what can I do as a member?

Carl if you are coming here to post lets at least try to lay all the cards on the table.

Rather than attempting to paint yourself as some sort of guardian for all that is right.

In another post you claim to be in the process of suing your own HOA. Now perhaps that MIGHT add some tilt to the story you presented here.

So why not come clean and tell us all about the nit picky rouge Board you have decided to sue.
And just how that serves anyone but you......

I have to laugh when you bring up wasting HOA funds. But when you sue them defending that matter is a wise use of HOA funds????

I agree. Lay the facts out Carl.