Personal Legal Fees Reimbursement

Hello!
A few of us recently got together, hired an attorney, and forced our Board to have a special election. This action was taken due to their non-compliance / non-actions on many issues. The special election was held and the old Board was replaced. Everything is moving along well - except we have an individual that is requesting reimbursement for their part of the legal fees.
Their request is going to the new Board for reimbursement. Is this the responsibility of the new Board or should this be a separate action taken against the previous Board? (Our community is in Georgia and no on else is requesting reimbursement)

As always, your input here is greatly appreciated.
Thank you

The previous board has no standing now.

And there is probably nothing in the governing documents that would allow reimbursement by the board.

I advise: Ask the owner to cite the covenant, bylaw or state statute section that asserts the HOA is required ​to reimburse him for the legal fees spent to make the special election happen. Whatever he cites had better expressly speak of "attorney's fees."

If no such covenant, bylaw or state statute section exists, then the board lacks the authority to use HOA funds to pay for the attorney fees of a party that was adverse to the HOA. Indeed, doing otherwise would likely violate the covenants (contractual terms) for how the Board may spend owners' money.

I would not consult outside counsel for this. I suggest the board simply tell this owner that the board lacks the authority to approve this reimbursement.

I agree with the other responses, no reimbursement unless a court awards legal fees.

If it helps any, most everyone here swore I would not be reimbursed for an emergency HOA expense I paid for (no one else was home). It was a battle, but I was reimbursed. In full. So don’t let anyone here dissuade you if you want to try.

Good luck.

Should be noted the legal expenses here did not involve the HOA money. It involved neighbors putting up money together. If anyone is to give money back it is the others who collected the money. Not the HOA.

And that came with a price to pay. Sorry your not due money back once you pay for a service. Which was the lawyer's work. You don't ask money back from your doctor once you are better do you? The lawyer did their job. Pay the man or woman.

BTW: I been in a similar situation where me and a few other neighbors went in together to get a lawyer. We forced the HOA to take the required vote for a special assessment. Once they did that, we did not go to the lawyer or the HOA to ask for our money back. You kicked in the money with your fellow neighbors. It's the expense you had to pay to get what you wanted.

Sure there is 100%. Except you have to accept and recognize the FACT you are suing yourself and your neighbors. That is a CONSEQUENCE right or wrong. Don't think your lawsuit isn't going to wag tongues, people turn against you, not support you, and overall complain about the damage you are doing by filing a lawsuit.

I did not sue my HOA but I did have to correct a bad rules process. Me and a few other neighbors got together and hired a lawyer. The lawyer wrote the HOA a letter on how to properly do the special assessment. They complied. We lost the vote. The special assessment went through. The good news was that they did comply with the rules to get the special assessment passed.

What I did not say is how I found out the way they got the vote was by telling lies about me. They told different stories to multiple people to put me in a bad light. Even got physically attacked at a meeting over it all. Yada Yada... Oh my! My response? Held my head up high and walked off. I didn't care what was said. It wasn't me or my truth. 6 months later after all was said and done... Most of the people came up to apologize to me. They told me what was said about me and by who. (I already knew). I accepted their apology. They learned a valuable lesson. After that people were "woke" to what was going on and showed up to meetings. I sold my house and left... Got better things to do with my time and energy. It ain't living with people I don't like to be around.