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LaskaS (Texas)
Posts: 1,025
Posted:
hypothetically,

If a board utilized the association attorney to move forward with taking action against a "problem" owner. The attorney will be given only one side of the informatoin.

An attorney can only work with what they are presented. If the accusations that the board member is presenting were actually true. That would be one thing. However, it's not. The board member has commenced a long term campaign to misinform or mischaracterize the owners actions or statements. The board never actually investigated the verasity of the allegations. I have proof that the board was accepting the one board members accusations as fact. This has gone on for almost 3 years. My attempts to set the record straight were often discounted.

Im asking, hypothetically,

Isn't there some requirement for the association attorney to provide actual evidence to the court. I mean, not just, emails that say, owner continues to interfere with workers and prevents work being finished.

Owner has removed plants and bushes in the common area and moved them to in front of her unit and caused great damage.( hopefully, some of you will remember that story).. basically, after 2 years of no proper restoration of an area of the center courtyard, Despite numerous requests. I divided the exisiting monkey grass and purchased plants to fill the area that used to be a beautiful bedding area. The property manager's description of what was done was completely mischaracterized. Noone on the board bothered to even verify the information. A charge was placed on my account for $770. Based on advice here, i wrote a letter and the charge was removed. Bascially because it didn't abide by the notice requirements. The property manager then never actually sent notice or tried to get the charge reinstated because there was no damage.

So what i'm asking is, I realize I will need to hire a lawyer to respond if a temporary request ofr injuction is atually filed. But what i'm wondering is, doesn't the hoa attorney need to see some kind of proof ,, independent, that supports what the board members are saying. NOT A SINGLE ONE OF THEM that is approving moving forward with legal action is even here.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
An attorney is not a judge. They do not have to listen to both sides. Some say all lawyers are scumbags but one of them is their scumbag.
KerryL1 (California)
Posts: 14,550
Posted:
As you know, Laska, there don't seem to be any attorneys on this forum. And your former very kind source of advice, Augustin, has once again resigned. I do recall your actions of moving plants, etc., without board approval and visiting a previous manager's office apparently excessively. I think at that time the Board ordered you to cease & desist.

You will have to pay your own attorney to tell your side of the story if it comes to that
MarkM19 (Texas)
Posts: 1,459
Posted:
Funny how it started out hypothetical in the first paragraph and ends in the actual.
JohnT38 (South Carolina)
Posts: 1,631
Posted:
Quote:
Posted By MarkM19 on 08/02/2022 4:29 PM
Funny how it started out hypothetical in the first paragraph and ends in the actual.

Pretty typical for the OP.
LaskaS (Texas)
Posts: 1,025
Posted:
I was actually using hypothetical in a tongue and cheek manner.

ok. so basically, I will get a chance to refute the false claims. but only in court?

I was hoping to avoid the litigation expenses of going to court. I know ihave to hire an attorney.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Hopefully you have pictures and copies of your request to plant in that area.
You may need them if the case moves forward.
You will also need to prove what was done, if you had permission and why you did it.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I am sure the HOA is just tired of dealing with this and going forward with hiring a lawyer to deal with it. It is their right. I mean after a certain point of "ankle biting" I would be looking for a lawyer to deal with that person too. Where I work if I get an "ankle biter" we have the supervisor step in to deal with them. Consider the lawyer the supervisor. Hire your own lawyer since so gung-ho on defending your actions that were not approved by the HOA.

Former HOA President
CathyA3 (Ohio)
Posts: 6,299
Posted:
Hypothetically, here's how I protect myself:

* Abide by the terms of the CC&Rs. All of them. Even the ones I think are stupid, and even the ones others are ignoring.

* Behave in a cordial and professional manner, whether I'm on the board or off it.

* Think very hard about the pro's and con's of owning property in a community association, and be honest with myself about whether I have the personality to do so successfully.

* Find other housing situations if the answer to the previous rumination is "no".

* Understand that the world doesn't revolve around me, that no situation is going to be 100% to my liking, that "good enough" is good enough, and that there are better things to spend my ever-decreasing lifespan worrying about.

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