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DebraJ1 (South Carolina)
Posts: 1
Posted:
hoa board lumped together att.fees.We lost lawsuit and want to know how much was spent and judgement amt. Does the sec. have right to lump together? Want an itemized account Live in S.C.
BillH10 (Texas)
Posts: 1,217
Posted:
What are att.fees?
MaxB4
Posts: 3,513
Posted:
I am guessing attorney fees.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Debra

Does the Treasurer have the right? Yes.
Is it the best thing to do? No.
Would a accountant accept them lumped together? Probably not.

MelissaP1 (Alabama)
Posts: 13,836
Posted:
Well the judgement amount should be whatever the the person whom sued is out of. A court ONLY makes one "whole". Not knowing what the lawsuit involved it is hard to know if there was a "judgement" involved. It may be that the HOA has to pay that person's legal fees. If there were damages involved, then it would be the amount the person was out of to fix the damages. Which may be submitted to the HOA board's budget.

If this was a lawsuit to enforce the HOA to do something, then may not be a judgement. Each party may be responsible for their own legal expenses. If the case had been found baseless then the other party could be subject to paying the HOA's legal expenses.

So it varies what the lawsuit involved. Rule change? Damages? Don't need full details.

Former HOA President
TimB4 (Tennessee)
Posts: 21,059
Posted:
If it was a court judgement - there should be an official record with the courts system. Contact the county court to obtain a copy.

If it was a settlement, there is no way to find out the specifics unless the Board shares.
Gather support, get elected to the board, serve as Secretary or Treasurer and see the books.

Technically, you have a right to see the invoices for the attorney fees. The would be based on statute and, likely, your governing documents. You can't see the legal opinions, work or settlement (because the law allows them to be withheld) but simple math will tell you what you want to know.

My question is, if you are willing to share, what will you do with the info once you do know?

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