lawsuit

Started by GeorgeH6 • 17 replies • 864 views

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GeorgeH6 (New York)
Posts: 5

Posted:

friends
I am new to this post
we have been in an hoa for six years and have been harassed, lied about, slandered, fined since that time.
we are considering suing the HOA, and we realize this is a big issue.
can anyone give some insight or background experience??
thanks

GeorgeS21 (Florida)
Posts: 3,808

Posted:

GeorgeH,

You will need to include far more information to obtain advice ....type of HOA, what the specific issues are, how your documents say to treat the issues, etc.

GwenG (Florida)
Posts: 669

Posted:

You think you are harassed and slandered Now!? Wait until you file a lawsuit!

My advice--use your resources to move out. Pack your bags. It really doesn't matter what the issue is.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

OK - now we have a thread started.

GeorgeH, it sounds like you are focused on "lawsuit." Why? What has occurred? What are the circumstances? We will need to know these sorts of things in order to comment, or provide free, advice regarding your situation.

If you are seeking advice on how to press a lawsuit, this is the wrong forum. Almost no one here believes lawsuits are helpful - unless the situation DEMANDs it. They are, as Gwen noted, even more divisive than the usual interactions between neighbors.

GeorgeH6 (New York)
Posts: 5

Posted:

fully know the difficulties and pitfalls of this action. We are not asking for technique, but rather insight.
they started fining us after the second month - property manager never updated her files and forgot to send us monthly invoice. she sent it, we paid within days. next invoice had fines for late payment.

then thee was an issue of whether or not our contractor had dumped grout slurry into the storm drain.
after two months, we received a letter from the assoc. attorney informing us we would be charged to have the drain vacuumed and for his charges. we had not even been aware this had happened and the first we heard was from the attorney.
above fines were ultimately rescinded after we had a lawyer get involved.

in e-mail threads from the board, we were accused of being racist and anti-Semitic.

they would not let us see the association records. we went to court and got a court order. the assoc attorney had a goon try to sit at the same table with me and my wife. they constructively prevented our review.
in the lawsuit response from the attorney, he questioned our 'prurient' intention in the assoc.

and the beat goes on.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Everyone knows I am going to post "Suing your HOA is suing yourself and your neighbors". It does NOT in any way mean I or anyone else is against a HOA lawsuit. It just a CONSEQUENCE of the action if you plan on taking on a lawsuit. There are situation where one may be needed and there are some that it isn't. Plus considering ALL HOA documents offer multiple solutions to remedy bad situations it just takes more work but results are better.

So do NOT post your exact HOA's name. Just your situation. We here do tend to give advice as "Devil's advocates" or in terms of what do your documents say. If you can't handle NOT hearing what you want to hear, this isn't the place for you. Most here shoot from the hip and tell it as it is.

Former HOA President

GeorgeS21 (Florida)
Posts: 3,808

Posted:

George,

While we appreciate what you are going through, again, way more information is needed ... we are also only hearing one side ...

Summary so far:
1. You didn't pay your dues on time (is it their job to send invoices or are you supposed to pay on date certain and the invoice is simply a formality?)
2. A contractor dumped grout slurry into the storm drain (is this a city storm drain, was there no discussion at any time about the contractor and the grout slurry? - verbal, phone call, email, etc?)
3. You are accused of being racist and anti-Semitic (why?)
4. Board would not allow you to see association records (which ones? why? goon at the table?)
5. Pruient intention in the association (having or encouraging an excessive interest in sexual matters?)
6. You were harassed? (when and how?)
7. You were slandered (relates to the "being racist" etc?)

There is a lot here - and, again, we're hearing only one side. And, since most of us have been involved in the governance of several neighborhoods - with some professional managers - we have all had neighbors who didn't make a lot of sense. Not saying this is you, but your grievance list is long and diverse.

Help us understand, please. With this many issues, significant amounts of data are going to be necessary.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Did you mean "Prudent" issues and not "Prurient"? A difference. George hit the nail on the head with their questions. Not all HOA's send out invoices to owners for paying dues. It's usually a "known" that one pays their dues on this date with this date being assessed late fees. Our HOA your dues were due on the 1st to 10th. After that, you were given a $20 late fee. Which was pretty steep considering dues were only $50 a month. A late fee is a bit different than a fine. (Although they may fall into the same category).

The slurry should have been reported to the contractor who did the dumping. I would also have expected pictures of the damages. The contractor is responsible if it can be proven. You may need to contact them about their insurance or their part in the responsibility.

I also question how one jumps to the "racism/anti-Semitic" comments unless there was more interactions we don't know about. Even calling this person as a "Goon" can be found an offensive term. Getting a lawyer to view records can come across a bit aggressive. We don't know the circumstances that brought it to that point.

Former HOA President

CathyA3 (Ohio)
Posts: 6,299

Posted:

Re: having a representative of the association present while a homeowner inspects the records seems to be a sensible thing to do, especially when the homeowner has a history similar to what was written. I would be concerned about that homeowner defacing, altering, removing or destroying corporate records, and the board is required to protect these records.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Agreed - I would never just hand records over ... people do strange things sometimes. The Board has a responsibility to both share and protect records.

KerryL1 (California)
Posts: 14,550

Posted:

Which records do you want to see,

KerryL1 (California)
Posts: 14,550

Posted:

Sorry, GeorgeH, I hit send too early.

What must you do in NY to request records. In writing? Must you give a reason for wanting them? How much time, by law or your bylaws, does the HOA have to email them to you?

There are certainly records you may not inspect. What are they in NY?

It sounds like your early issues were resolved, right? I see you wanted to show us the background, but you were exonerated, yes?

Now, a board member is accusing you of being racist? What examples do they give of your alleged racism?? So, is it from "the Board?" Or a director on the Board?

PaaN
Posts: 219

Posted:

..... My advice--use your resources to move out. Pack your bags. It really doesn't matter what the issue is. .....

Unless you REALLY REALLY like communal Association Life BOUND BY COVENANTS, I would agree.

PaaN
Posts: 219

Posted:

..... we have been in an hoa for six years and have been harassed, lied about, slandered, fined since that time. .....

harassed - contact law enforcement

lied about - welcome to the real world

slandered - ? what damages have you sustained ? else no slander occurred

fined - stop committing fineable offenses, or, appeal said fine

(do not confuse a fine with a late fee)

next time:

CAVEAT EMPTOR

AlexM1 (Oklahoma)
Posts: 287

Posted:

What type of harassment?

JenniferG11 (Texas)
Posts: 667

Posted:

Quote:

Posted By GeorgeH6 on 09/02/2018 8:37 AM
fully know the difficulties and pitfalls of this action. We are not asking for technique, but rather insight.
they started fining us after the second month - property manager never updated her files and forgot to send us monthly invoice. she sent it, we paid within days. next invoice had fines for late payment.

then thee was an issue of whether or not our contractor had dumped grout slurry into the storm drain.
after two months, we received a letter from the assoc. attorney informing us we would be charged to have the drain vacuumed and for his charges. we had not even been aware this had happened and the first we heard was from the attorney.
above fines were ultimately rescinded after we had a lawyer get involved.

in e-mail threads from the board, we were accused of being racist and anti-Semitic.

they would not let us see the association records. we went to court and got a court order. the assoc attorney had a goon try to sit at the same table with me and my wife. they constructively prevented our review.
in the lawsuit response from the attorney, he questioned our 'prurient' intention in the assoc.

and the beat goes on.

We need a lot more information, friend. Fines were reversed, you got a court order and were able to inspect records, you shouldn't have had to get a court order, but you did and that was solved. What do you want to sue them over now?

Why do they call you a racist and antisemitic? Who all can see the email threads this is said in?

AugustinD
Posts: 5,144

Posted:

Quote:

Posted By GeorgeH6 on 09/02/2018 8:37 AM
in e-mail threads from the board, we were accused of being racist and anti-Semitic.

If there is a basis for such statements, then the HOA should take action consistent with Fair Housing law. This action would not include posting online statements such as the above.

If the statements are either flat-out false or lack justification, then:
-- I would be furious. Statements like this affect how people view you, of course.
-- the Board has put you in a false light.
-- I would send the board a demand letter instructing it to retract the statements in public or you will take them to court.

Of the many board members who post here, I think 90+% would never do anything like you describe above. Unfortunately though it is common for board members to get out of hand. They are volunteers. Expect little competence.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

GeorgeH last posted on 2 Sep ...

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