HOA resident continues to sue his HOA board

MarilynS7 (Pennsylvania)
Posts: 3

Posted:

There is a resident here who doesn't like some of the decisions being made by the current board. Nobody else in this community agrees with him. However, he has cost us over $15,000 in legal fees since he started suing us about 18 months ago. The judge tossed some of his silly suits, but he continues on and on. We have an attorney, but I am wondering if the attorney knows what he/she is doing since this resident never stops.
Does anybody have any experience with this kind of thing? or suggestions?

SheliaH (Indiana)
Posts: 6,964

Posted:

You didn't say if you counteredsued him, requesting reimbursement of legal fees should you win your case - if not, now's the time to start. If nothing else, peopke often stop idiotic behavior when their wallet gets a major beat down. A few of those decisions will stop it, unless he has money to burn (in which case, he should con5moving away if the community's as awful as he seems to think)

As you've seen, lawsuits don't always stop bad behavior, so you cant blame this on the attorney. If you'd rather get someone who's more gangster, get some referrals and talk to them. Not all attorneys are good at everything- you may need someone who's done more litigation in defamation and harassment lawsuits.

People do have a right to sue for whatever, but that doesn't mean they'll win. The next time you get a lawsuit, your attorney should countersunk and explain how this is costing the association time and money, althoug there are several avenues this homeowner could pursue if he's unhappy, but refuses to do do. If he's disrupted association meetings, show proof. If he's constantly harrassing the property manager, have him or her testify. If he's threatened board members, vendors, etc., show that proof as well. Yes, you need dates and times for everything.

The resident should be able to show why the decisions are bad and if he can't or refuses go, you may be able to request some sort of permanent injunction against him, such as not attending board meetings or only sending letters to the board - no phone contact or visiting board members' homes. Good luck to you.

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

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By MarilynS7 on 07/03/2024 12:30 PM
There is a resident here who doesn't like some of the decisions being made by the current board. Nobody else in this community agrees with him. However, he has cost us over $15,000 in legal fees since he started suing us about 18 months ago. The judge tossed some of his silly suits, but he continues on and on.

Sounds like the board was in fact breaking the law or violating the covenants. Maybe the directors are the silly ones?

Why do you think what the community thinks matters? In a court the only thing that matters is the law and the covenants.

I have observed up close and personal several HOA lawsuits. Per the HOA attorney, the best thing to do is to comply with the declaration, bylaws, state statutes and a bit more.

To get good feedback, I think you need to elaborate quite a bit more on this owner's objections. What statutes, covenants and bylaws did he say the board violated?

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By ElleN on 07/03/2024 2:20 PM

Posted By MarilynS7 on 07/03/2024 12:30 PM
There is a resident here who doesn't like some of the decisions being made by the current board. Nobody else in this community agrees with him. However, he has cost us over $15,000 in legal fees since he started suing us about 18 months ago. The judge tossed some of his silly suits, but he continues on and on.

Sounds like the board was in fact breaking the law or violating the covenants. Maybe the directors are the silly ones?

Why do you think what the community thinks matters? In a court the only thing that matters is the law and the covenants.

I have observed up close and personal several HOA lawsuits. Per the HOA attorney, the best thing to do is to comply with the declaration, bylaws, state statutes and a bit more.

To get good feedback, I think you need to elaborate quite a bit more on this owner's objections. What statutes, covenants and bylaws did he say the board violated?

Yes. We need more information.

TerriS6 (California)
Posts: 3,284

Posted:

Quote:

Posted By MarilynS7 on 07/03/2024 12:30 PM
There is a resident here who doesn't like some of the decisions being made by the current board. Nobody else in this community agrees with him. However, he has cost us over $15,000 in legal fees since he started suing us about 18 months ago. The judge tossed some of his silly suits, but he continues on and on. We have an attorney, but I am wondering if the attorney knows what he/she is doing since this resident never stops.
Does anybody have any experience with this kind of thing? or suggestions?

Having been through this experience, it is common for board members and homeowners to be uninformed about HOA law. All they see is their friends on the board getting sued. Have you personally read the complaints or attended the court hearings to understand the issues? If your board is in the right, they shouldn't be spending such amounts on attorney's fees. Was it small claims court or Superior Court? What were the issues?