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Question & Answer
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Can HOA mandate repairs to individual units with no consistency?
August 15, 2009
By
E May
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You need to look up SLAPP suits and develop your case from that angle as well, and dont waste time.
Did you look into what kind of tree it was, are you sure it was the roots, maybe something else caused it,
Who said the roots did it and what did they base that call on?
I have like situation and it isn't the tree at all, The tree is a diversion and a tactic.
Posted Aug 20 2009 6:42AM CEST
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ann lang
(View Profile)
Omaha, Nebraska |
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How many counter claims did you make when you answered the summons? Are you looking into a SLAPP suit defense at all?
Posted Aug 20 2009 6:39AM CEST
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ann lang
(View Profile)
Omaha, Nebraska |
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Yes and No. Yes, if you allow them to. No, if you don't!
I'm currently involved in litigation with my HOA. They sued me first and then I counter-sued them and so far, am kicking their butts BIG TIME!!!
When this same thing happened to me over a year ago, I refused to comply with their "orders" or pay their illegal fines because they were selectively attempting to enforce things only against me because I stand up to them and actually publish an unofficial newsletter exposing their misdeeds.
When I asked my attorney if this was legal, he said "Yes, it is" and explained to me using the following analogy. Let's say that you get into three different auto accidents where the other party was at fault. You have legal claims against each of them and their isurance companies (insurance contracts) BUT you do not have to enforce your rights against all three of them. You can choose one, two, all three or none of them. If you only go after one of them, that person cannot claim that you are treating them unfairly since you are not enforcing your legal/contractual claims against the other two.
Now... that said, YOU do have the right to counter-sue your HOA and ask a Judge to ORDER the HOA to enforce ALL rules, regulations, etc., against everyone. That is one of the remedies in contract law in most States... forcing ALL of the parties to abide by the contract. Once they see you will stand up for your rights, then they will be forced to either back down or start going after everyone in the neighborhood, which will then cause more problems than they likely want to endure. Of course, they will not give up easily and they will try to make you into the villain and blame you for costing the HOA lots of legal fees... but your answer should be that you are simply standing up for your rights and if the other owners do not like that you are having to sue them, then they should get on the Board to stop the board from harassing you.
If you want to read more about my battle, go to my Newsletter blog at http://TheFountainOfInformation.blogspot.com, the unofficial newsletter for Fountain Court Condominiums in Metairie, Louisiana. To get a GOOD overview of what has been happening, start reading from May 2009 to present. You will see where I have gone through my Condo Documents and I have found out even more of the mis-deeds and outright illegal things that our HOA Boards and management companies have been doing for over 10 years. I bet if you read and learn your Documents, you will find that your Board violates the documents quite often as well.
You can use their mis-deeds against them when you stand up for your rights. At first, the Judge in my case was kind of against me since they kind of presumed that the HOA was right and I was being the scoflaw but now that I have filed much of our defenses and have actually asked the Judge to issue an Injunction against the HOA, the Judge is now seeing the light about just how badly this Board (and past Boards) have been acting.
Hope this helps.
Lenny Vasbinder
PROFILE:I publish "The Fountain of Information", the un-official newsletter for The Fountain Court Condominiums, Metairie, LA 70003 at http://TheFountainOfInformation.Blogspot.com. Read all about the Good, the Bad and the UGLY... the Good (The Owners), the Bad (The "Katrina" Board) and the Ugly (The Manager - Chester A. Hingle, Jr. a/k/a Chester Hingle, a/k/a Chet Hingle who tried to victimize the Hurricane Katrina victims all over again!!!!!)... around Fountain Court Condominiums
Posted Aug 16 2009 9:53AM CEST
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Lenny Vasbinder
(View Profile)
, Louisiana |
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Why did you buy a house in a HOA ? And, why isn't that house for sale? You do realize this is just the beginning, don't you?
And before it's over, you'll be broke, in debt, and homeless.
That's what HOA stands for, homeless,owing,american.
Posted Aug 16 2009 3:28AM CEST
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Joe Banana
(View Profile)
Los Angeles, California |
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The associations in California have three requirements to meet under law -- Good faith (no purpose of evasion, or wrongful purpose), Loyalty (consistency of treatment and benefit to ALL members0, and Fiduciary Duty (follow sound business practices, basically).
The loyalty provision would cover the matter of consistency of enforcement in your case, if your state corporate Civil Laws on HOA's contain that provision.
Count on unequal treatment for the "Good ole boys" in the association who are the loyalists to the illicit powers that you are up against in MOST associations discussed in this forum!
Posted Aug 16 2009 3:10AM CEST
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Lee Lambert
(View Profile)
Victorville, California |
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