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JaneL2 (Texas)
Posts: 175
Posted:
I have found some cases online slightly similar to my situation. The outcomes in those did not seem to favor those who have been in a similar situation such as the one that I am in.

If someone was not able to pay a large amount of money that could be asked of them, what assets would be protected from a lawsuit?

If my neighbor is awarded a settlement, will I just have a judgment against me? Does the court make you pay or put you in jail? Does anyone know what happens to the loser?
JaneL2 (Texas)
Posts: 175
Posted:
If anyone reads this and wonder what it is I am referring to, see the only other post that I have created about the HOA attorneys and what they are for.
JohnT38 (South Carolina)
Posts: 1,631
Posted:
Quote:
Posted By JaneL2 on 02/28/2021 1:37 PM
If anyone reads this and wonder what it is I am referring to, see the only other post that I have created about the HOA attorneys and what they are for.

Respectfully, why not just add this to the original post so that others don't have to hunt it down.
JaneL2 (Texas)
Posts: 175
Posted:
Ok I can do that but will i be able to go back and delete this one?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
FYI: The court can only make one "whole". The HOA can make you remove the violations at YOUR costs. Plus if the court awards court costs, you could be on the hook for them or other legal expenses. This is not a criminal case.

Former HOA President
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Jane is either running scared or she is a Drama Queen. The more I think about it, the more I think it is a combination of both.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Jane,

1) If you are a party to the legal action (and from what you posted, I'm not sure you are) get an attorney.

2) If a monetary judgement is awarded, it's up to the individual to collect. If you don't pay, enter a payment plan, etc., then the individual can return to court for permission to garnish wages, seize bank accounts, lien the property, etc. See:

Collecting a Judgment from TX State law library

What does it mean to be "judgment proof"? from TX law help

3) If you are not party to the legal action, there will be no judgement against you in monetary terms. However, as posted many times, the Association may require you to undo your unapproved changes.

For others, here are the associated threads to this issue:

Subject: HOA Attorney's WHO are they for?

Subject: Texas Non Profit Act

JaneL2 (Texas)
Posts: 175
Posted:
Thank you Tim for all of your responses. You have been very helpful and respectful.
JaneL2 (Texas)
Posts: 175
Posted:
Actually, because I removed items from the front that have not been approved prior, I am not now concerned about being sued. I had until March 4th, to correct what she has claimed. I had thought that by my submitting the request to approve the trees and flower bed that it may be a work around because no where in our rules did it say that the approval had to be PRIOR. However, on closer inspection of the CCRS's I did find the word PRIOR. She would have a case and she would win the suit against me. She will likely still sue the HOA association. The board members cannot be held liable.

I will not vote for any of the current board members do to their inaction on any of the many complaints that I have made to them about her disturbing my peace, throwing her trash two times a week in my yard, coming up my sidewalk to my door and harassing my pet, screaming and hollering at him and also stalking me in the front and in the back by having her cameras focused only on my property and not even catching what goes on in her own yard.

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