hearing in the face of a lawsuit

Turn this over to your attorney and let him or her address this. You don't want to do anything to jeopardize your case, especially if this hearing is related to whatever you're suing about

Hence why I say (along with me everyone...) Suing your HOA is suing yourself and your neighbors. The HOA has to be represented by a lawyer since it's a corporation in court. (Exception is can assign someone to do it but who would?). So the HOA can recommend all communications go through their attorney.

When I sued my HOA, the HOA kept sending various notices of various penalties to me. (Those notices were further violations of the requirement that I was suing the HOA over, so the HOA was digging itself deeper into a hole, and I made sure to include those notices in the legal documents relating to the case.)

Agreed: turn it over to your lawyer and let your lawyer deal with it.

Are you sending checks for your monthly HOA dues to the HOA, marked "Paid in Full", to give yourself an "accord and satisfaction" defense if the litigation relates to unpaid amounts?

Well tell me how they will make fines into liens? That's pretty much illegal in many states. The HOA is a corporation. So they have to have an attorney represent them in court. Which again is why you are suing yourself and your neighbors. The HOA has to be pay for the lawyer which is paid out of the dues everyone pays the HOA. Which if the case is considered frivolous the HOA can make you pay for that expense as "damages".

I would question a lawyer that says fines can turn into liens. What kind of lawyer are you going to?

Cathy,

Interesting!

In Florida fines are against the person, hence, my understanding is they cannot be addressed as a lien against the property.

Sure - I'll bet that will work out just fine :-)

I agree with GeorgeS21's sarcasm here. Pulling a stunt like PaulJ6 proposes will land in the court records and make the OP look like she is trying to cheat the HOA. Do not send the HOA a check for $1 with "Paid in Full" on it. Let the court process do its work. Play the game with the HOA hearings. The OP needs to come off as a shining light of virtue and integrity.

If the original poster, in good faith, doesn't believe that the fines are due, then that gives the original poster an added defense. Perhaps just pay whatever fines the poster sincerely and genuinely, after inquiry with her counsel, believes are due, and mark that check "Paid in Full". Why would someone not use every defense possible?

"Your Honor, yes, I sent a check to the HOA, marked Paid in Full. My counsel and I went through all of the fines. I wanted to pay the ones that were truly due, in good faith, and determined that the others were imposed without a valid basis. Considering that I was involved in litigation, I hope that the HOA sees the payment as a good-faith attempt to cooperate with my obligations."

And bring your lawyer to the hearing. If you go to the hearing and your lawyer has prepped you for it, or if you say anything at the hearing that is based on the advice that your lawyer has given you, the lawyer could be hit with a bar complaint for violating the "no-contact rule" (which state that a lawyer can't communicate with a party who is represented by counsel, either directly or by sending a third party to convey the lawyer's message)..

The HOA attorney and OP's attorney ought to settle this issue (of whether further HOA Board hearings are needed) and put something in writing for the judge.

yes 2 years and not a single motion answered by the judge... not an update from the courts... nada. Both parties are sitting and waiting... no activity, nothing, but that also means no additional monies spent either. Both our attorneys will probably forget what they are litigating when it comes time!

The HOA attorney and your attorney need to have a talk about the boundaries for direct communications between the board and you.

It is hard for me to believe Colorado courts are that overwhelmed. Does your attorney say that this kind of delay is usual?
Are you able to follow the motions being made through an online Colorado court system?

I checked on the net for reports of your experiences. I think I identified your HOA, its web site and a link for the governing documents, including the 2017 amendment restricting uses of a unit (lot) to horses, dogs, cats and 'other household animals.'

Just curious: Did your attorney make a motion for summary judgment?

You must be frustrated as all hell. I know I would be trying to find ways to peace while waiting for the lawsuit outcome.

Colorado courts were closed for Covid starting in March. No, this is not usual and we are all frustrated. The chief judge was also unaware of cases lingering like this so we will see. Some folks have gone in and spoken with the clerk and were told there were hundreds of cases and only one judge and wouldn't state what number our case was in the stack. Even a recent motion asking for a status report was ignored by the courts. It is a bad deal. We've talked about moving... it hasn't felt right or we haven't seen the right property. We move again it is a mandatory NO HOA. One of the plaintiffs in our lawsuit has put up their home for sale as they are done done as well.

Right at this moment we now have a vote for internet happening, pushed certainly by personal interests to create a large special assessment on everyone to pay for fiber to be brought into the neighborhood. The "vote" has been a moving target, with the affirmative number being dropped to an arbitrary amount, and the voting platform is an unsecured online survey with no log in, ability to access multiple times, not tied to IP addresses, etc. managed by a marketing survey company. And this is supposed to be our legal vote to pursue a forced assessment on something that isn't even a capital improvement. We all have internet at an average of 40mbs through line of site, or some DSL so we aren't eligible for rural grants since the feds and the state broadband department say our internet is adequate and above the minimum they would support for grants. Thus I don't understand how we can force assessments on a non HOA owned asset through a vote that is bogus.

This community is a dream... beautiful as it gets. Properties vast and beautiful with beautiful homes... very pricey neighborhood. Some just feel they are way more elite than others and we seem to have a mob of sorts who rules the community and it has been bad and is getting worse. A prominent realtor who has sold the last several homes in our neighborhood has stated the folks are moving because they are sick of it here and just done with the people and the drama. The Sheriff wants to hold a community meeting to help get things set straight.... it really is bad and I don't think I am being over dramatic. Thanks for all your input.

As far as the hearing, I will try to show and get shot down. Best I can do I guess at this point. I don't even see the point of bringing my attorney and paying more money as the outcome won't change. Kick me if I am wrong.

Wow, first you get to fight the HOA to do the right thing. Now it appears you have to fight the court system. I know courts nationwide are backed up, but this is the first time I have read of this long a delay (with no response coming from the court) in the civil courts. I am glad one of the parties (your attorney?) brought this up with the chief judge. I am sure he/she did this only after exercising enormous patience.

I do keep in mind that those accused (not convicted) of crimes often see court delays that are literally a hazard to their health, as they rot or are assaulted in jail.

RTFT. Cases dragging on for years through motion practice and filings yada is common. No response from the court for a motion, and presumably a motion for a hearing on the motion, for two years is unusual.

If you bring your lawyer, then the board should immediately end the hearing and reschedule it when its counsel can come. "Its counsel" would likely be its regular counsel, which it pays by the hour. Thus planning to bring your lawyer could throw a wrench in the board's plans to fine you.

I would still move. There are some amazing HOAs out there. I live in one of them. I've also just dealt with some awful ones. It's not worth the headache. Or the legal fees.

I say your HOA is playing with fire, and they're about to suffer serious burns. Your HOA should not be sending you ANY correspondences. No new fines, warnings, violation letters etc. Even your monthky/ quarterly assessments, I would send them all to your attorney of record. A they shouldn't be sending you any new violations, not for the item currently in litigation or new unrelated violations, all of that is considered harassment and intimidation. Your trial judge is going to have a field day with this. Just sit back, relax, keep giving those letters to your lawyer.. Your HOA is the one that should buckle up and pull their hip huggers up to their necks, because the caca is going to be real DEEP when the judge lets in to them.

Agreed. Both sides need to act normally about things that are not part of the lawsuit.

BK is a different process altogether. Can't contact them because your basically trying to get blood out of a turnip at that point. The HOA is pretty much out of the Bankruptcy process unless they have a lien on the property. Bankruptcy depending on the type sometimes doesn't apply to HOA dues being owed. It's been awhile had to deal with one. The HOA doesn't have a dawg in the hunt when it comes to a person declaring bankruptcy.

Other situation like collecting monies for liens, fine violations, dues, or money paid to fix violations, are HOA's business. The HOA has the right to collect money or damages it is owed. Bankruptcy is usually a personal issue not involving the HOA.

This is a bit different, but a Co-owner has engaged an attorney to write us some letters stating her complaints (all related to our by-laws) and requested some documents. There is not law talk or threatening of a law suit. A Director of our Board wants to turn it over to an attorney asap as he thinks because she has retained a lawyer, we need a lawyer. I believe it is being premature and we should try, as a Board, to work with this co-owner to see if there is some way we can come to a mutual agreement.

Additionally, you need to understand the complaint is against our President and there are 3 other co-owners with additional complaints against him, without lawyers involved. Total 4 co-owners, about 14 violation complaints.

How can we get him to recuse himself, do we need a lawyer to do this, what would a lawyer probably recommend we do with this President who needs to be out of the picture? And should we get a lawyer or is it premature to do that?

The meeting is tomorrow, so please help me asap....I appreciate it very much.

AugustinD is correct on the recusal matter.

As someone who had counsel and was dealing with a board that refused to discuss anything directly: getting lawyers involved, and refusing to discuss things directly with the owner, is the wrong thing to do. That's what my board did and it resulted in me filing a lawsuit.

Your approach--trying to work with the owner--is the right approach, and is more likely to lead to a peaceful solution.

Tell the owner that you are willing to meet with the owner and that the board will not be using counsel and so you request that the owner also not use counsel at the meeting.

Then have a meeting with the owner, either in executive session at a board meeting or through a special informal get-together with the owner. Try to talk things out. That's the best approach.

I agree with Augustine, Peggy. Your topic is interesting enough. Start a new thread.

Sounds like your attorney is going to be able to bill you for hours - do you have a point where you stop "investing" in the attorney?

I would go, get a recording of the Zoom meeting (be sure to get the board's consent to audio recording) and then take the recording to the lawyer. Deny everything during the hearing.

that's funny! I think I may do that! Actually the zoom meeting didn't end up happening because I sent the entire board an email stating that the refusal to answer my requests for a rescheduled hearing 3 times is deliberate and that I charged them with planning to claim we didn't show up for a hearing so they may immediately fine us. We were flying back home from Flagstaff, AZ and at best I would have been driving home with the entire family trying to manage a zoom hearing. I also told them in order to preserve my due process I needed all the evidence the HOA feels it has against me showing how I have violated the covenant prior to the hearing so that I may adequately prepare. I ended up receiving an email from the president stating they will reschedule the hearing. Hmmm... after 3 emails and no responses they suddenly try to reschedule at the 11th hour. Anyhow I have already stated my objections for a zoom hearing as I do not believe that is proper due process either and I did not consent to such a meeting as the law requires an in person hearing. So... they still haven't responded at this point either.