Legal terminologies

Referencing legal terminologies. Is a letter of demand the same as a legal lawsuit in terminologies. I had questions in regards to the terminology letter of demand. Can the terminology(a lawsuit) be used rather than a letter of demand?

Trying to educate myself on this. LOL
Rich.

A demand letter isn't the same as a lawsuit - usually, the demand letter is sent, warning the recipient to address the issue before a lawsuit is filed. If the recipient still refuses, the letter could be used as evidence in the ensuing lawsuit - or he/she will wake up, fix the problem and both of you save time and money in court costs and attorneys fees.

If you want to sue someone, do it. If you want to say "if you don't do X within Y number of days, I will turn this over to my attorney to file legal action against you," then say that. By the way, I googled "demand letter vs. lawsuit" and came up with some good information - try that for self-education.

This is discussed at length on the net. Highlights:

-- Sending a demand letter (or "letter of demand") precedes the filing of a lawsuit.

-- A demand letter is not the same as filing a lawsuit.

-- Prior to filing a lawsuit, courts nationwide expect attorneys for opposing sides to go through a number of exchanges, starting with the first demand letter, and followed by discussion as needed. (Nationwide, judges are highly irritated if both sides do not try to keep a dispute out of court. The courts are incredibly backed up. Lawsuits cost all parties to the suit a great deal of money. Lawsuit also cost the taxpayers in general a great deal of money.)

-- The demand letter highlights what one party wants from another and why. The letter presents the facts of the specific situation and supporting statutes and case law, and what the complainant wants for the dispute to go away.

-- A demand letter is used to avoid filing a lawsuit, sparing everyone a lot of money and time.

-- The basics of a demand letter are taught in the first year of law school.

-- The instant John Doe sends a demand letter, expect the other party to stop communicating directly with John Doe on the subject that is in dispute. After receiving a demand letter, the other party has the right to insist that John Doe communicate only with the other party's attorney. Whence the legal fees start to build.

Question? Is this on your HOA's behalf of sending a demand letter or is it you wanting to send a demand letter to the HOA? Not that it changes what a demand letter is. (Not a lawsuit). It just changes the nature of why it's being sent. A HOA trying to correct a violation should use lawsuits to do so in general practice. A HOA being sent a demand letter from a member is putting the HOA on notice about a situation. It doesn't always lead to a lawsuit. If it's valid the HOA should do it's best to investigate a proper solution.

If a lawsuit was filed, the HOA can always file a "response" or countersuit in response. Doesn't take a lawyer to counter-sue response. The counter-suit can be for various expenses the HOA has incurred on their end. That may be having to hire a lawyer or paying to repair/address and issue that ended up not meeting the suer's quality demands. The HOA spent money to fix the issue but the member sues anyways to get a more expensive/different repair.

RichardLl7, please respond to the following:

Did you or did you not get to view the contract?

Did obtain a court order to be able to view the contract?

Did you use an attorney?

If you used an attorney, did your attorney ask that your attorney fees be paid? (I am not sure if the statute on records inspection and condos allows attorney fees. Your attorney would know.)

Good evening, one and all.
As to the following questions, answers as follows.

RichardLl7, please respond to the following:

Did you or did you not get to view the contract?
Answer, I have been trying ever since 1 July 2021. The answer to that question is no. All types of excuses from the management company was used from, you are not authorized to have it ( Two times ) We must have the board review your request, which never happened, we must check with our attorney and that never happened, I even ask for their attorneys name, telephone, number and I would have called him. all, this documented by emails.

About a week back in December 2021 I received a notification from my attorney and the opposing attorney that they had settled and that the contract was to be made available to me, that is an official email from my attorney, it came through on email.

,
Did the attorney obtain a court order to be able to view the contract?
Obtain a court order??? No not to my knowledge but I did use a prominent attorney for our area and the only thing that was done was a letter of demand sent to the opposing attorney and management company.

Did you use an attorney?
To that question, absolutely. The demand letter. Ultimately it came back from the opposing attorney to mine that the contract was to be made available to me. That was clear and straightforward.

On contacting the management company and requesting such contract. I was told again the board had to review it. That leaves me somewhat mystified and for what purpose would they review it??the board already has a copy and we went through this two or three months ago, the very same thing.

. I was repeatedly denied. Email of January 7, 2022. from the management company, and I was told again after all of this that the board had to review it. You would think the board has more power than the state statutes or our bylaws, wouldn't you??? I believe it to be a control factor by the management company.

Something very fishy about all of this as the state Statutes and the Association bylaws and related documents gives me full authorization to review any document or association related information upon Association rules and regulations. That being after filling out a request form. I fully understand homeowner and management problems are not to be included in that request. That is strictly private and it has been and always will be.

Hope this information helps,
Rich

I still have questions. Are you in a position to change or modify this contract your seeking? When you say "Review it" Do you also want copies provided? Copies and review are two different things. You can go in and take a look but copies you may need to pay for. It cost money and resources to provide a physical copy. Which will cost you money or money the HOA/MC can ask for in reimbursement.

Can you explain why this contract is so important and what change it will make? You don't sound like your on the board. If the board voted for the project and made monetary arrangements for it, what difference will you make?

I'd like to know the nature of this contract that is so upsetting you need to view a copy. What actions do you plan on taking if you find what your looking for? Are you just doing this now for the sake of it all?

Good morning everyone:
if I have aired in typing. My apologies as my eyesight is getting very bad.

as to the question, can I modify the contract. The answer is no. The Association and the board members may get together and so decide, but I can't change it. The two attorneys have fully agreed that I am authorized the contract and when I questioned the management company on this and requested authorization to copy such contract. They came back with the statement(management company) --despite the attorneys letter to the management company informing them of the decision
She still stated she must turn it into the board for verification and review. To me that's direct violation of the legalities by the two attorneys. State statutes and association documents clearly state what information is to be made available to Association members. Note the management company statement verification and review, lookup Webster's dictionary for the definition of review and that throws a wrench into the works.

We have the option to review the contract by sitting down and reading it all with proper authorization forms filled out or to copy the contract. Either way is authorized. True, the request form must be made out and you pay for copying.

The bottom line to all of this?? That all Association documentation should be made available to Association homeowners as long as we fill out the proper request and pay a fee for copying. The only thing we are not authorized to have is a private situation between a homeowner in the management company and that's well understood.

You're correct I'm not on the board, but this contract consists of 22 pages and talking with the prior Board President certain conditions are set in place in that contract that must be followed for the Association. I don't know what those are and I don't know how they relate to our association.

Reasoning for the contract?? To update any changes, modifications or additions or subtractions to our association bylaws and related documents. Then the question may be asked, why do you want that, due to the serious conditions of our association. The lack of the fiduciary responsibilities of the management company and board, to the extent that serious situations have risen and some of them have been detrimental to our association. Here's just one, failure to inspect and maintain sump pumps nearly caused the fire, which would have resulted in the loss of three units. Yes, the pump locked up but did not blow the fuse which was a 35 amp and ran and ran and ran until it locked up smoked, also a small fire.
Hope this helps. PS note the condition of one of our association units and the board falling off
Rich

The contract that is in this discussion was held back from the Association and the homeowners deliberately and intentionally, this has been documented. The reasoning for the demand of the contract is to see what's in it and how it relates to our association. And it's Just as simple as that. When information related to the Association and documents are withheld from the Association and home owners something is terribly wrong. This brings in distrust and that has already been established for this management company.

I will try to clarify some things in regards to the contract and I have new information. As stated before, the last three management companies left a great deal to be desired. In short, they lack the responsibilities of their fiduciary responsibilities and to a great extent.

Consequently, the Board President 2020 initiated a new contract with our management company. As of today I talked to her one-on-one to verify information and this is what transpired. The new management company was seriously investigated by our Board President, and she officially today informed me of the very same thing. She was thorough, straightforward, and in the contract listed nothing more than to reiterate our bylaws, declarations and related documents. This was told to me today as I send out this letter. I asked if there was anything in that contract that the average homeowner should not be able to read or see, and her comment was absolutely not.

She also mentioned she cannot understand the fight with the management company and the board for the reading and copying of this contract as their is nothing inside of it, that would be detrimental to anybody in the Association. Bottom line, it was to to reiterate the rules and regulations of the Association and the financial situation. In other words abide by our bylaws and related documents.

She mentioned she was very jubilant and happy on the initial signing of the contract, but in her own words She stated, it was a catastrophe at the very beginning.

Of all those things that were promised and agreed to didn't happen. She personally use the phrase that the management company was blowing smoke up our noses, I am being discrete on that statement.

She was the Board President and the board was dumbfounded at the actions. The bottom line for the contract is, – – actions by the previous management companies, also she did not want to see the same thing happened again.

By her own admission, there is nothing in the contract that would be detrimental to any homeowner or to the Association has nothing more to do than to re-stipulate the responsibilities that is required the Association.

So my question is why would the management company fight this and especially to me, I believe it was both vindictive and personalized and the legal actions that I had to take will bear proof of this. Also I believe I have the other part of the answer. In discussing this with other homeowners and our past board president. They agree The management company was a problem and I was the resistance to that and they didn't like it. My demand letter to the management company infuriated them. So let's ask this question one more time, if the contract contains nothing new or any changes to the bylaws and to our related documents and there is nothing in that contract that the homeowners of the Association should not see, why these legalities. Their dictatorial actions, failure to abide by the new contract and the Association bylaws and related documents. In short, the management company failed to protect and serve, but wanted to initiate their own rules, regulations.

Hope this helps.
Rich

Hi,

A letter of demand is not the same as a lawsuit. This is generally used before an issue needs to be taken to court. https://www.lawdepot.ca/contracts/payment-demand-letter/?loc=CA#.YeGDnv7MLIU