Get 6 months of free community web site hosting from Community123.com!
Wednesday, February 08, 2012
HOA Websites by Community123.com (National Community Website Provider)
We built HOATalk and we'll build your community website for free!  Click here for information on a free trial website.
Community Associations Network (National HOA Reference Library)
News, articles and blogs about condos/HOA's
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Forums > Homeowner Association > HOA Discussions
Subject: HOA Board of Director action during lawsuit
Prev Next
You are not authorized to post a reply.
Author Messages
DavidA7
(California)

Posts:134
08/31/2010 8:28 AM  
Recently our Association was sued in small claims and was loosing the case and agreed to settle. Prior to the settlement, during the discovery phase where documents are shown to each party, the HOA through its proxy at the small claims hearing produced letters from every single homeowner on the property that said very negative things about the homeowner who was suing. The documents where never presented to the Court due to the Assocation agreeing to settle. The documents were procured by the President of the Assocation acting on his own accord in contacting each homeonwer to write the letters. The President even contacted former owners who no longer own property in the complex. No action or meeting was conducted by the Board to grant approval to the President to approach each homeowner to write these letters. Regardless if the content in the letters were truthful or self-serving due to the lawsuit does a director of an HOA have the right to solicit other homeowners for malicious letters against a homeowner who is filing a lawsuit against the HOA?

thanks
SusanW1
(Michigan)

Posts:5035
08/31/2010 12:54 PM  
The letters "evidence" was probably irrelevant.

They apparently had no bearing on the outcome of the case and had no power of persuasion.

Just the facts, ma'am
DanielH1
(California)

Posts:481
08/31/2010 1:14 PM  
He can solicit the letters although it isn't a right per se.

If the Board never authorized him, he did it as an individual, not as a Director, and the HOA should say that if they are sued.
You are not authorized to post a reply.
Forums > Homeowner Association > HOA Discussions > HOA Board of Director action during lawsuit


General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice:  (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.
Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement