CC&R without HOA, getting sued for not supporting amendment

Started by PaulL10 • 8 replies • 604 views

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PaulL10 (Washington)
Posts: 3

Posted:

My neighborhood does not have an HOA, only a CC&R.
A new owner of my neighborhood wants to remove or update the CC&R.
The CC&R states that he needs a majority of owners to agree.
He went around asking for supporters but did not get a majority.
A process server is now serving summons to neighbors requesting the CC&R to be modified and most importantly requesting defendants (which presumably includes me) to pay for the plaintiff's attorneys' fees.

Can I really be forced to pay for that guy's attorney just because I didn't support modifying the CC&R?

Feels like legal bullying to me.

Paul.

AugustinD
Posts: 5,144

Posted:

Are you sure a lawsuit has actually been filed? Attorneys nearly always send letters of demand for several months before filing in court. Why? Because judges expect attorneys to do all they can before filing a lawsuit in the incredibly overburdened courts. Some cowboys hire process servers to deliver xyz piece of paper just to intimidate people. Using a process server means nothing. It's the papers that have been given you that you want to read carefully.

PaulL10 (Washington)
Posts: 3

Posted:

Good to know, I will check on that.

SueW6 (Michigan)
Posts: 814

Posted:

You are all members of the HOA - even if it fails to govern.
(Shame on that, how long has it been since it stopped activity? )

So this homeowner had no choice but to summon the members individually - because there’s no HOA to protect yourselves. (That’s one thing an incorporated HOA does- protect the individual. )

Have you been paying dues? If so, who has control of the account?

PaulL10 (Washington)
Posts: 3

Posted:

There never was an HOA.
No mention of one in the CC&R, the deeds or at the county archives.

DouglasK1 (Florida)
Posts: 2,046

Posted:

Quote:

Posted By SueW6 on 01/11/2019 12:59 PM
You are all members of the HOA - even if it fails to govern.
(Shame on that, how long has it been since it stopped activity? )

So this homeowner had no choice but to summon the members individually - because there’s no HOA to protect yourselves. (That’s one thing an incorporated HOA does- protect the individual. )

Have you been paying dues? If so, who has control of the account?

You can have CCRs/Deed Restrictions/Covenants/etc. without having an association. If the CCRs don't mention an association, then there would not be one. For example, my CCR's explicitly create an association and have many references to one:
2. ESTABLISHMENT OF HOMEOWNERS" ASSOCIATION OF XXX, INC.. There shall be established a homeowners'
association, hereinafter sometimes referred to as Association,
composed of record owners of each lot. The Association shall be
the XXX HOMEOWNERS ASSOCIATION, INC., organized
and existing under the laws of the State of Florida. The
Association shall administer the operation and maintenance of the
common areas and property of XXX and other duties
hereafter provided for. The Association shall have all the
powers and duties set forth in this Declaration and in the
Articles of Incorporation and By-Laws and as granted by the laws
of the State of Florida to non-profit corporations.

My understanding is that deed restricted communities started becoming common as early as the 1920s, with associations becoming more common starting in the 1960s or '70s, so there are a lot of older deed restricted communities that don't and never have had an association. In the absence of an association, it would be up to other owners to enforce violations through the courts.

Escaped former treasurer and director of a self managed association.

DouglasK1 (Florida)
Posts: 2,046

Posted:

Anybody can sue just about anybody else for just about anything, that doesn't necessarily mean they have a case or any chance of prevailing. If you have actually been sued vs. just getting a threatening letter, you really should talk to an attorney. You might even have grounds for a countersuit to recover YOUR costs.

Escaped former treasurer and director of a self managed association.

LetA (Nevada)
Posts: 2,679

Posted:

Quote:

Posted By PaulL10 on 01/11/2019 12:30 PM
My neighborhood does not have an HOA, only a CC&R.
A new owner of my neighborhood wants to remove or update the CC&R.
The CC&R states that he needs a majority of owners to agree.
He went around asking for supporters but did not get a majority.
A process server is now serving summons to neighbors requesting the CC&R to be modified and most importantly requesting defendants (which presumably includes me) to pay for the plaintiff's attorneys' fees.

Can I really be forced to pay for that guy's attorney just because I didn't support modifying the CC&R?

Feels like legal bullying to me.

Paul.

Did you receive"greetings" wrapped in pretty blue paper? If Yes, you NEED a lawyer. Can anyone sue you? Yes.. Hire an attorney, it is likely this a$$hats suit against you and your neighbors will be tossed out with prejudice at a pre-trial discovery hearing.

LetA (Nevada)
Posts: 2,679

Posted:

just for chits and giggles, do you feel comfortable scanning and posting the complaint you received? just back out the names.

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