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Subject: Suing a HOA while you live there: wouldn't the HOA make your life hard?
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Author Messages
PaulJ6
(New York)

Posts:384


11/22/2019 8:50 AM  
I have sued a HOA before, but I didn't live in the property. The HOA didn't do anything to me during the litigation.

I'm considering suing a HOA now, but I live there. I have concerns that HOA management would retaliate against me, such by trying to seize my property, cutting off my power and otherwise harassing me.

For those of us who have sued HOAs before, while we live there: how much as the HOA retaliated, and how hard did the HOA make your life?

Thanks.
MarkW18
(Florida)

Posts:304


11/22/2019 9:00 AM  
Being you're in New York, the only person I could see doing that would be Donald Trump as the landlord.
AugustinD


Posts:2096


11/22/2019 9:12 AM  
How hard will they make the life of someone who threatens legal action? Last year my former HOA's board passed a motion that allows the board to impose a special assessment upon any member who complains (about anything, and even if a suit is not threatened). The special assessment will be for the HOA's costs to address the issue. Specifically the costs include the HOA attorney's bill and the costs of management's time (billed by the hour). The board claims that these costs result in a "benefit" that is unique to the member. The covenants allow the imposition of a special assessment on any member, to recover the costs of any "benefit" unique to the member.

Of course this is nonsense. The Board has created a legal fiction when it interprets 'benefit' as it does. Also, the HOA attorney is obliged to take the board's side. Lastly, the HOA attorney's actual advice cannot even be shared with the member, due to attorney-client privilege. But the cost of fighting this new rule would be prohibitive.

I think it's easier to get rid of a U. S. President than it is to remedy HOA boards that are breaking the law.
GeorgeS21
(Florida)

Posts:1531


11/22/2019 9:17 AM  
Seizing property or cutting off power? Hardly harassment - usually requires legal action, right?.
MelissaP1
(Alabama)

Posts:8768


11/22/2019 3:16 PM  
Suing your HOA is suing yourself and your neighbors... So yes you can imagine your neighbors won't be happy necessarily. Harrasment is a criminal offense. So there's the police if that were to really happen. The HOA can't randomly do the things you think they can. You MUST keep paying your dues no matter what. If you stop paying your dues, well then they can indeed lien/foreclose against you. Otherwise, they can always counter-sue you for any other expenses including legal expenses for their expenses.

Former HOA President
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Forums > Homeowner Association > HOA Discussions > Suing a HOA while you live there: wouldn't the HOA make your life hard?



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