LaskaS (Texas)
Posts: 1,025
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.
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.