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| Wednesday, February 08, 2012
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DavidS23
(California)
Posts:9
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| 09/08/2010 11:08 PM |
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I'll try to make this short and sweet and to the point. I live in an HOA in Palm Springs Ca. a years ago I was planing on running for the board. In doing so I send a very to the point letter about the lack of our BOD representing all the people instead of a small minority. I made a comment to an employee and the person filed a report on me. I went before the board with lots of proof and they blew me off. I paid the 200 dollar fine and tried to move on. The manager told me any infraction with an employee will be dealt with exactly the same.
I just found out last year a gentlemen was running for our board and got very drunk and hasseled our security staff. The following day at our little bar in the resort he again got very drunk and said some ugly things.
The employee filed a complaint, it goes the the board president first. The president let our mangaer know because he and the individual are friends. Somehow he got the officer to drop the charges. I feel everyone should be treated the same. they were out to get me and they did. I don't think any other board members knew of what the manager and board president had done.
Now I would like pay back. If I take them to court and win will I have to pay my court costs or does that come from the association. I really got railroaded and yes I want some revenge. This was a case od it's not who you are it's who you know!! Then why have the HOA'S spent so much time and money on ccr's and by laws for all of us to follow.
Please I need your opinion on what I should do. Thanks So Much!! Dave |
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JanetB2
(Colorado)
Posts:1335
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| 09/09/2010 12:12 AM |
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| In many states (not sure on CA) if you go to court ... the winning party recoups court and attorney costs. However, if the HOA looses, then also in most HOA's the costs must be equally divided between all homeowners which would include yourself. |
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MaryA1
Posts:0
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| 09/09/2010 6:34 AM |
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David,
Unless there is something in state law addressing this, it's really up to the judge as to who must pay the court costs of the winning party. If you were to win the case, the HOA would pay their own court costs, and perhaps yours, from the assn's funds. Contrary to what Janet says, the costs would NOT be split equally between all the members. The HOA, a corp, is being sued not the individual members of the assn. The only time the members would have to pay would be through a special assessment, if the assn did not have the funds available to pay the attorney fees. And, most likely, that special assesment would have to be approved by the members. |
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SteveM9
(Massachusetts)
Posts:1442
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| 09/09/2010 3:21 PM |
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I paid the 200 dollar fine and tried to move on.
Let me get this straight, your HOA fines people $200 for talking bad about the HOA? |
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TishS
(Washington)
Posts:116
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| 09/09/2010 9:07 PM |
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You should be aware it will not be you against the HOA, but you against the insurance company for the HOA. They will defend the HOA no matter how wrong the HOA is. The plan will be to out spend you. The insurance company just wants a win..it discourages anyone else from getting any ideas. Even if you have all the documents to back up your position they can drag you into court for repeated hearings about nothing just to run up your fees.
Your 200.00 will be nothing compared to what your legal fees will be in the first month. |
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TishS
(Washington)
Posts:116
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| 09/09/2010 9:07 PM |
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You should be aware it will not be you against the HOA, but you against the insurance company for the HOA. They will defend the HOA no matter how wrong the HOA is. The plan will be to out spend you. The insurance company just wants a win..it discourages anyone else from getting any ideas. Even if you have all the documents to back up your position they can drag you into court for repeated hearings about nothing just to run up your fees.
Your 200.00 will be nothing compared to what your legal fees will be in the first month. |
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SteveM9
(Massachusetts)
Posts:1442
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| 09/10/2010 4:51 AM |
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it will not be you against the HOA, but you against the insurance company for the HOA.
An insurance company will only do this once. Then they will drop your HOA. After this your HOA will have a difficult time getting insurance, or it will be at a very high rate. All the insurance companies talk to each other and know claims you have had at other insurance companies. |
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TishS
(Washington)
Posts:116
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| 09/11/2010 9:05 PM |
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| I am living this nightmare. The HOA is arguing the CCR's do not pertain to them. The articles of incorporation were misworded, and the bylaws are only a suggestion. They are asking the judge to rewrite all the governing documents and declare they are not a HOA...it is a complete trainwreck of crazy..but the insurance company is paying for it on the HOA side..even though it is homeowners association insurance and they are arguing they are not a homeowners association. |
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MaryA1
Posts:0
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| 09/12/2010 7:34 AM |
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Tish,
Who is "they"? Who is saying "it" is not an HOA, the members or the BOD? If "it" is not an HOA, what is "it"? IMO, asking a judge to rewrite the gov docs is plain ludricrous!!! |
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