HOA Lawsuit

JohnB65 (California)
Posts: 2

Posted:

If the HOA sues me for an unreasonable disciplinary action and I win in court, am I able to get my lawyer fees paid for by the HOA?
How do I go about trying to get the HOA to pay my lawyer fees?
Do I take the HOA to small claims court if my lawyer fees are less than $10,000?

Thanks

TimB4 (Tennessee)
Posts: 21,062

Posted:

Your attorney should know how to do this.

As I understand it, it's typically part of a counter suit or a motion within the original court case. However, I'm not an attorney which is why I suggested that you ask the attorney representing you in your defense.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

You file a counter suit. The court is the only one who will decide who pays the legal costs. That has to be requested by the lawyers. The court can only make you "Whole" and not a profit. They have to decide if the HOA acted in such an outrageous behavior that you would not have had to suffer the legal costs. Otherwise your probably on your own with your legal costs.

The court can decide that the HOA pay your legal costs, you pay the HOA's legal costs, or both parties are responsible for their own costs. The last of which is the most common result. Like Tim, it's best to talk to your lawyer. You don't need to bring a separate suit. Just respond to the one they send you. The counter-suit can be for your legal costs or whatever else you feel you are monetarily out.

Former HOA President

MikeR15 (Massachusetts)
Posts: 389

Posted:

John,

You should check with a group called AHRC if you live in California.

They are VERY experienced with sue happy boards in CA.

An excellent person there is Marjorie Murry, she helps homeowners all the time in these situations. She may know an attorney who can give the HOA the beat down it deserves for bothering you in your home.

MikeR15 (Massachusetts)
Posts: 389

Posted:

John,

You should check with a group called AHRC if you live in California.

They are VERY experienced with sue happy boards in CA.

An excellent person there is Marjorie Murry, she helps homeowners all the time in these situations. She may know an attorney who can give the HOA the beat down it deserves for bothering you in your home.

MikeR15 (Massachusetts)
Posts: 389

Posted:

John,

You should check with a group called AHRC if you live in California.

They are VERY experienced with sue happy boards in CA.

An excellent person there is Marjorie Murry, she helps homeowners all the time in these situations. She may know an attorney who can give the HOA the beat down it deserves for bothering you in your home.

MikeR15 (Massachusetts)
Posts: 389

Posted:

John,

You should check with a group called AHRC if you live in California.

They are VERY experienced with sue happy boards in CA.

An excellent person there is Marjorie Murry, she helps homeowners all the time in these situations. She may know an attorney who can give the HOA the beat down it deserves for bothering you in your home.

MatthewW4 (Arizona)
Posts: 500

Posted:

Quote:

Posted By JohnB65 on 07/15/2013 9:16 PM
If the HOA sues me for an unreasonable disciplinary action and I win in court, am I able to get my lawyer fees paid for by the HOA?
How do I go about trying to get the HOA to pay my lawyer fees?
Do I take the HOA to small claims court if my lawyer fees are less than $10,000?

Thanks

Why are you asking these questions here? Your lawyer should be able to answer every one of your questions.

MikeR15 (Massachusetts)
Posts: 389

Posted:

You should take your complaint to small claims court. Why spend your hard earned money on an attorney when it is the BOD

that is breaking the law?

AHRC has some VERY GOOD information regarding small claims court and HOAs.

As far as getting helpful information here, well most of these characters will tell you something ridiculous like

"suing your HOA is suing your neighbors"

Suing your HOA is actually HELPING your neighbors!

You are not the only person in your HOA being abused by this out of control organization.

The elderly and otherwise financially strapped homeowners are favorite victims in these places, because of the complete

lack of any recourse they are routinely "taken" for bogus fines ect.

SharonH9 (Virginia)
Posts: 216

Posted:

Quote:

Posted By JohnB65 on 07/15/2013 9:16 PM
If the HOA sues me for an unreasonable disciplinary action and I win in court, am I able to get my lawyer fees paid for by the HOA?
How do I go about trying to get the HOA to pay my lawyer fees?
Do I take the HOA to small claims court if my lawyer fees are less than $10,000?

Thanks

Ask for them in a counterclaim. Not likely to get them but ask because you might. It depends on the judge and the HOA's behavior. It has to rise to a level of oppression, harassment, or fraud. That is in Iowa of course and I know this because I was sued by my HOA. I am passing on to you what my attorney told me.

MatthewW4 (Arizona)
Posts: 500

Posted:

Quote:

Posted By MikeR15 on 07/16/2013 7:30 AM
You should take your complaint to small claims court. Why spend your hard earned money on an attorney when it is the BOD that is breaking the law?

Keep in mind that the above advice comes from someone who botched his own case.

KevinK7 (Florida)
Posts: 1,343

Posted:

If the amount is greater then a couple hundred I would consider going the countersuit route - not small claims. It may be costlier but I would think you would have a better chance - especially if you have the same judge who issued youur ruling (if that's how it works). They would probably be more familiar with the applicable laws and the specifics of the case then if you had to present everything all over again to a new court.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By JohnB65 on 07/15/2013 9:16 PM
If the HOA sues me for an unreasonable disciplinary action and I win in court, am I able to get my lawyer fees paid for by the HOA?
How do I go about trying to get the HOA to pay my lawyer fees?
Do I take the HOA to small claims court if my lawyer fees are less than $10,000?

Thanks

Please explain what they would specifically be suing you for.

Thanks