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MaryG19 (Texas)
Posts: 1
Posted:
There is a possibility that my HOA may sue me. I know I have a very good case if I do get sued but know I will have to get representation if that does happen. If that does happen,,are there any legal insurance companies out there I can get to protect me where I pay a deductible? If so, has anyone used Legal Insurance to assist them with an HOA dispute? Thanks in advance.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
You can file a countersuit. This will not require legal representation. The HOA most likely will be the party that needs it. If you feel comfortable with defending yourself in court you can do it.

Depending on what the situation is, your Homeowner's insurance may be able to cover the damages if they were to win. Can make a claim possibly. Something I would ask your insurer.

As for a liability (legal) insurance, individual's usually don't carry. It's more for those that are incorporated. It's best to ask your own insurance if there is an optional insurance you can add to your own policy.

Former HOA President
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By MelissaP1 on 05/20/2018 5:08 PM
It's best to ask your own insurance if there is an optional insurance you can add to your own policy.


What Melissa says right above is my understanding as well. Often insurers will provide legal representation if and when the dispute goes to court.

Many cities have an "access to justice" free legal clinic where you can get legal advice from real lawyers. They won't represent you, but they can often give a person options. Call your local courthouse and ask if it has a free legal clinic.

Judges hate HOA lawsuits. The competent HOA attorneys know this and will not let the HOA take you to court without trying for months to get you to cooperate.

If you feel safe describing the dispute here, feel free. Many here have experience with a variety of HOA-member disputes and can offer suggestions that may help you legally.

I am sorry you are going through this.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Mary,

I never heard of such a thing until you posted about it.
Doing an internet search for legal insurance companies provided a lot of hits.

My recommendation is to read all the fine print prior to signing. Reason being is that the insurance might only be for specific items or require a waiting period before coverage starts.

That said, it's always best to avoid court if possible.
A $300 consult with an attorney might provide you with tons of insight to see if it's best to fight or compromise.
BenA2 (Texas)
Posts: 1,273
Posted:
I would be very surprised if you could get insurance for this incident. Most policies only cover you for things that happen after the coverage. When the lawsuit is filed is probably irrelevant. So, whatever happened that would be the cause of the suit would not be covered because it happened before you bought the policy.

I'm not an insurance pro but that is how most insurance works.

If you are in the wrong here, I would try to correct it to avoid the suit. If you don't think you are, I would not worry about it until they file suit.

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