HOA didn't remove charge on account: litigate or ignore it?

I am an owner of a property governed by a homeowners' association. I caught the HOA's board, among other things, violating the HOA's governing documents.

I told the board to shape up; the board put all sorts of fines on my account; I threatened to sue the board; we reached an agreement that the board violated; I sued the board and the HOA; and in good faith, I withdrew the suit but preserved my claims. Other owners found the lawsuit's paperwork online and I notified other owners about the litigation, and the board president was voted out of office, and a majority of the board is now new, following the most recent board election, which happened just after I notified others about the litigation.

It's been almost 3 months and one of the fines is still on my account. I've asked the new board president if he wants to settle the litigation (which would just involve signing a release) and if he is going to be removing the fine. I get answers very slowly, and they're always, "Let me talk to my counsel" or "Let me talk to the board", and then nothing.

I know the law (I'm a lawyer) and I can re-file the suit and will win, and I will recover damages from the HOA. The HOA has insurance and so it will be expensive, but I will win.

I'm not asking for legal advice, but I'm asking for advice about how to deal with a board that is dragging its feet on removing a fine from my account, which shouldn't be on my account:

1. Would you play tough, give the board a deadline and demand that the fine be withdrawn?
2. Or would you play nice and just give the board time to take the fine off?

The HOA has not taken any actions to collect the fine, other than sending a few letters many months ago; it hasn't put a lien on my property. I'd definitely refile the suit if the board took any affirmative steps to collect the fine.

Thanks.

OK, I lie on the Internet. Whatever.

Back to the question:

If a prior HOA board unlawfully put a fine on your account, but the new board is friendlier and hasn't really done anything to enforce it, would you act nice and ignore it, or be demanding and push for the fine to be taken off?

This is a question of how to handle the relationship overall, and how difficult to be to a hopefully friendly board.

Actually, you can sue a HOA under statutes that allow the plaintiff (me) to recover MY legal fees.

I’d appreciate any responses but will be ignoring ones that star that I’m not a lawyer.

Thanks.

TimB4, thanks- just what I was looking for. Will do!

Hope your filed 'briefs' are better written.

(my poor grammar is the reason i failed the exam)

It's so nice of you to offer to remove your litigation. I am sure that made everyone so happy... Now they will do whatever you want them to do...

The issue here is just basic fundamentals. Your suing over a fine? First thing you do is file litigation over a fine? Gee, the first thing most people do is present their evidence to the board they did not deserve the fine. Not run off and file a lawsuit. Oh and then manipulate their way by saying "I will drop the suit if you give me what I want".

Plus any real lawyer would see your fallacies on what your posting. So you can file a suit to get your legal fees back? Okay so what? You MUST sue now because you can? There are so many OTHER options than suing your HOA. You come off as not a very smart "lawyer" and full of it when you start out that way.

Suing your HOA is suing yourself and your neighbors. Suing over a fine is about dumb. If you knew the law, then you would know that is just about the dumbest thing you can sue your HOA over. If you knew basic fundamentals of law, you would know why...

That wasn't a fine, that was a violation. Fine is a punishment for not correcting a violation. A lawsuit is used to forcibly correct the violation. A big difference. This person is suing over a fine they received. Which there are no details about. The HOA did not sue them or threaten to. Just placed a fine as punishment.

Don't see a power hungry board as much as I see someone who is holding their HOA hostage with holding a possible lawsuit over their head...

I know this guy is holding his HOA hostage by playing the passive aggressive game. Plus not going about it kind of snaky like a lawyer would... The whole situation smells of fish and manipulation. Anyone else not smell it let me know... I'd like to use the air freshener your using...

Everyone: I do not fight/argue/insult online. I also do not respond to posts that fight/argue/insult.

TimB4, thanks again for your post.

John,

Sure .. but, you started out by lying? Really?

This thread is the poster child for why this forum is not nearly as useful as it could be for new posters with questions. Until Tim replied the responses were hostile and totally devoid of useful information.

Douglas - you read the part about the OP starting out by lying, right?

No one has asked what the fine was about have they? What if it's something your HOA would fine for too? If he is a lawyer, would not hire him as mine. Lawsuit happy and using them to be passive/aggressive. My purpose of suing an HOA would not be to hold a lawsuit over their heads but to resolve an issue instead.

JeffT2, thanks-- your comments seem right on point. KerryL1, thanks as well.

I find the whole thing strange--it could all be wrapped up in a 5-minute phone call between friends, from my perspective, but now I see where they're coming from.

The difference between my lawyer and another lawyer is one of those scumbags is mine.

Definitely not hostile.

I am just pointing out the facts this person claimed to be a lawyer but then needs advice from non lawyer people? Plus it sounds like they are negotiating holding a lawsuit over the HOAs head. Or did I read that wrong too? How best to re do the lawsuit if they do not recall the fines? Of which we do not know the details other than claim of retailation?

Not one for these type tactics. Plus if a lawyer, then why are they sweating fines? Any lawyer knows the limited power of fines. Or did we forget how fines work? Basic Law fundamentals. Believe it was on my exam...

Here is the deal... If you go to court to sue over fines, you must have had to paid them first. It's then called DAMAGES. You can't just go to court to sue your HOA because they issued you a fine. Especially if you did not go through the process of disproving the fine. Getting a letter your being fined isn't enough to take it to court. It's enough to take it to the board and prove your case.

The HOA has to have the right to issue fines. There should be an existing fine schedule defining what is to be fined and at what rate. This would be sorted out during the fine process.

So what is this lawsuit about that they dropped out of the kindness of their heart only to return it if did not comply to their demands? Maybe I am the only person here who doesn't play these games?

If your such a lawyer then they would know court ONLY makes one "Whole". There is no damages here other than them bringing a lawsuit against their HOA. They are the same damages the HOA experienced by having to defend. The HOA has a possible lawsuit against this person or the ability to collect those legal cost damages as well if they keep pursuing. Endless loop of lawsuits when this ALL could be resolved without ever have gone to court.