HOA Lawyers

Started by TomG16 • 10 replies • 303 views

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TomG16 (Pennsylvania)
Posts: 7

Posted:

Has anyone noticed that it's hard to find a lawyer to represent the unit owner against the HOA, since the HOA has the unlimited resource through assessments to retain most of them, so they want to be in the HOA's corner.

MaxB4
Posts: 3,513

Posted:

Quote:

Posted By TomG16 on 02/08/2023 11:52 AM
Has anyone noticed that it's hard to find a lawyer to represent the unit owner against the HOA, since the HOA has the unlimited resource through assessments to retain most of them, so they want to be in the HOA's corner.

Yep, that's how they roll.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Not accurate statement. The HOA does not have an endless amount of money. They only collect what they collect. So that means higher dues or special assessment to pay the lawyer you hired to sue them..it is why I always say suing your HOA is suing yourself and your neighbors.

Better to take a better approach than trying to find a HoA lawyer. Lawyers hate HOAs as well and most likely live in one too.

Former HOA President

CathyA3 (Ohio)
Posts: 6,299

Posted:

Be aware that many lawyers restrict their practices to certain clientele. A law firm that limits their practice to community associations won't accept homeowners as clients because of the potential for a conflict of interest. It has nothing to do with who has the deeper pockets - it's ethics.

You need to look for a lawyer who does accept individuals as clients.

WendyM5 (North Carolina)
Posts: 1,522

Posted:

Quote:

Posted By MelissaP1 on 02/08/2023 12:09 PM
So that means higher dues or special assessment to pay the lawyer you hired to sue them..it is why I always say suing your HOA is suing yourself and your neighbors.

LOL you think bad hoa boards care that their reckless law suits will make higher fees or special assessments???

https://consumerist.com/2013/02/11/how-a-homeowners-association-went-bankrupt-because-of-one-obama-yard-sign/

Every holy s** hoa story is full of examples like above

Hoa lawyers love stubborn boards cause they get rich.

There are a few good hoa lawyers on YouTube most could care less if an hoa goes bankrupt as long as they get paid. Which they are pretty much guaranteed

vis ta vie

WendyM5 (North Carolina)
Posts: 1,522

Posted:

Quote:

They want to be in the corner with the most money and monkeys

vis ta vie

SheliaH (Indiana)
Posts: 6,964

Posted:

I think it depends on the case. In my work I cone across plenty of them and find the majority want something that's a slam dunk for their client and mostly themselves. Its one thing to haggle over a settlement vs. fighting for a judgement in court and possibly losing and then slogging throughout dozens of appeals, which you may win, only the other side to keep it going until someone runs out of money.

There's also the fact that the homeowner may not want to admit he irvdhe us simply wrong and will waste time and money fighting over the obvious. Sometimes the documents don't address an issue and neither does state law, so the board has to make the best decision it can. Some are more thoughtful about this than others. And eome homeowners need to understand the sun doesn't rise and set on their behind and they won't get their way.

This is why I prefer alternative dispute resolution as a last step before court. The most effective mediators and arbitrators will try to find the fomminbground to come up with something everyone can live with, or perhaps do a better job in explaining to one side why their argument is going down in flames.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

CathyA3 (Ohio)
Posts: 6,299

Posted:

Lawyers are like any other professionals: there are good ones and there are bad ones. You can always find examples of the bad ones because they make the news - competent professionals who are doing their jobs well are of no interest anyone except their happy clients. If you judged every doctor by the the malpractice suits, none of us would be walking around in one piece.

Community associations seem to attract angry people for some reason. Angry people do stupid things. In fact, a lawyer I know once commented that when a client says "it's the principle of the thing", it's time to show that client the door - because that client is more interested in damaging his opponent than arriving at an equitable agreement, he'll bankrupt himself and everyone around him. (One time another lawyer poached a client of his who was starting down the "it's the principle" route, and he sent that lawyer a bottle of scotch.)

Unfortunately too many states have no options for mediation or other avenues for resolving disputes, which leaves hiring a lawyer for serious matters. That's not the fault of the lawyers. Blame the lawmakers who left these other options out of the states' community association statutes. And blame homeowners who aren't hollering and lobbying their elected officials about it.

MaxB4
Posts: 3,513

Posted:

BUT, lawyers write the legislation. Legislators have no idea what was written, many times voting on a legislation without reading.

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By CathyA3 on 02/08/2023 12:54 PM
Community associations seem to attract angry people for some reason. Angry people do stupid things. In fact, a lawyer I know once commented that when a client says "it's the principle of the thing", it's time to show that client the door - because that client is more interested in damaging his opponent than arriving at an equitable agreement, he'll bankrupt himself and everyone around him. (One time another lawyer poached a client of his who was starting down the "it's the principle" route, and he sent that lawyer a bottle of scotch.)

I think such clients are shown the door because the competent attorneys know a judge would crucify them for bringing a suit where no real damage was done. Attorneys have to preserve their reputation in the judicial community, or judges will take their irritation out on the attorneys.

Bringing a suit just to harass is also a violation of attorneys' professional rules and sometimes, a violation of SLAPP statutes.

TimB4 (Tennessee)
Posts: 21,061

Posted:

Quote:

Posted By WendyM5 on 02/08/2023 12:21 PM

LOL you think bad hoa boards care that their reckless law suits will make higher fees or special assessments???

https://consumerist.com/2013/02/11/how-a-homeowners-association-went-bankrupt-because-of-one-obama-yard-sign/

Every holy s** hoa story is full of examples like above

It was not simply about a yard sign - but that is what the media made it about.

If one is looking for an attorney to represent them against an HOA/COA I would suggest to look at the legal cases in your area and contact those attorneys who won previous cases against Associations.

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