Neighbor sued homeowners association and won because lawyer messed up the contract: thoughts?
What would you think of the people involved in this: all awful, or is the neighbor savvy and justified?
A neighbor of mine got into a dispute with our community’s homeowners association. Not sure what triggered the dispute, but every time the board would do something (calling the annual meeting, increasing dues, etc.) the neighbor would find flaws in the board’s actions. The flaws were usually that the board violated the bylaws or state law. Each time, the neighbor was right and the board would have to start over; it even had to postpone the annual meeting.
The neighbor eventually sued the association in Federal court in connection with some kind of confidential agreement that the neighbor and the association signed. Long story short, the association’s lawyer messed up the contract and the association had to pay the neighbor a pretty large amount to settle the lawsuit.
At the next election, in part due to the board hiding the lawsuit from owners, most of the board was voted out of office.
In summary, the neighbor beat up the board by finding small things that it did wrong (in violation of bylaws, state law and a confidential agreement) and just was relentless in going after it.
Was the neighbor a jerk (he caused a lot of problems for the board and cost the association a lot of money), was the board just poorly run or were both justified?
Homeowners associations can be sued in court just like any other entity can.
- Anonymous1 month ago
Homeowner associations are evil and need to be illegal. Just pathetic Karens and busy bodies looking for a power trip in their worthless lives.
- Sunday CroneLv 71 month ago
Sounds like the association had no idea what they were doing and needed an attorney on the board.
- 1 month ago
HOA's are a pain in the butt. The last thing I need is someone telling me how to live in my house, and then making me pay for it.
- Anonymous1 month ago
smells of TROLL
The HOA is some of the residents volunteering to run the show for a year,(meaning collecting dues, get landscaping, get maintenance or cleaners or other people.
These are not professional administrators - just some people that have Accounting exp. or managerial experience to keep the properties up to CODE. No party animals allowed. Rules in a HOA are different than state rules so NOTHING IS IN VIOLATION as each member reads and signs their copy of the contract. You signed it means you AGREED TO IT, meaning no one can sue the HOA if it was in the contract. They are a community within a community (so when you are in their community, you are subject to their rules)
So, you are Lying. Any disputes are brought before the HOA and they determine the course of action to take as it is written in the HOA rules & regulations. For example lets say your cedar shingle roof is leaking. You can NOT get the roof replaced unless the HOA says so because it is a cluster of condo's so they ALL would have to be replaced. A new roof looks different from an old roof and uniformity is what an HOA strives to maintain on outward appearances. You signed the agreement, so you are not special.
These are general HOA rules. No one gets to sue, especially one of the residents as you would be suing YOURSELF.
As it is a community within a community; city bylaws or state laws have NO JURISDICTION here. The HOA does operate within the general state laws and general by laws of the city. They just have extra Rules to be members of the condo complex. It is plainly written out and vetted by a lawyer before it is made into multiple copies.
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- Anonymous1 month ago
HOA vs neighbor troll strikes again.
- EdwenaLv 71 month ago
Where we lived in the big city, there was only deed restrictions, and association to enforce the deed restrictions, which were nominal. But, the association became a bunch of busy bodies and started a movement to change the deed restrictions to give the association more power. It worked out that there was nothing specific, but the association would determine what its authority was. The even stranger thing is that in the document that had been prepared, there was only one exemption from regulation. And that was the allowance for home owners to keep homing pigeons on his property. It turns out the one of the association members included the guy with the homing pigeons. The movement failed.
- 18 gibbs 20Lv 71 month ago
I have.no warmth for either the neighbor or the board. the neighbor was petty looking for a way to make a cheap buck. the board was mostly incompetent.
- MarvinatorLv 71 month ago
The lawyer is at fault if he wrote the contract. Additionally, So many times HOA's try to be something they are not. My own HOA thinks it can limit the number of pets we have to 2. they also have a poorly written clause that would allow them to come in to the house to look for things. They say "Oh we won't do that" but the fact of the matter is, it's in the contract.