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An Article
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The Price of Justice In Homeowner Associations
February 09, 2001
By
AHRC News Services
Copyright © 2001 AHRC News Services
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IRVINE, - Alisa Ross is the mother of 3 children. Children love swimming pools. The homeowner association in Irvine, California, had a 6 lane Olympic size swimming pool. She bought a home there.
One nice day, she took her children to the pool. To her considerable surprise, she found it full of children who did not live in the association, and was told that her children could only use one lane.
In effect, she could not use the pool as 3 children can hardly fit in one lane – and there were other association children there as well
She went to her homeowner association board, and they told her that they had given five lanes to the Irvine Swim Team League , a private Irvine group, so that they could practice.
When she protested, they told her that it was their prerogative to do that – even though she was a part owner of the swimming pool. She later learned that several board members had children on the swim team.
With nowhere else to go, she filed suit against the board.
$20,000 of legal fees into the case, she found that her attorney Jeffrey Lurner had a hidden conflict of interest – the daughter of the association’s management company was secretary to his partner.
Her next lawyer Alexandria Phillips charged $70,000, even though there were no depositions or jury trial. She lost at trial.
Both the Los Angeles Time and the Orange County Register covered her trial every day for nearly 3 weeks. There was one small silver lining – the judge ordered the association to provide 2 lanes for association members.
The association lawyer, an employee of Chubb Insurance, filed an appeal of the judge’s amended order (to get back the 5th lane), and a motion for $38,000 in legal fees against Alisa.
Dana Parsons of the Los Angeles Times devoted his column on February 7 to Alisa’s story. On the same day, the appellate court rejected the association’s appeal. Two days later, the judge rejected the CHUBB's association lawyer's request for attorney fees now at $40,000.
Alisa has got one of the 5 lanes back – at a cost of $90,000 in legal fees and an untold amount of time, worry and aggravation.
It cost the Orange County taxpayers the cost to run a courtroom for eight days and a huge salary to a retired judge. Records show that he is the tenth highest paid retired judge in California.
Her story could be any homeowner’s story in an association. You think you own something – and a board and judge say you do not.
Maybe the Surgeon General should post the following warning: "Homeowner Associations are dangerous to your physical, mental and financial health." |
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