Hoa board & mngt co target homeowner for lawsuit

[wendy128]

What is the name of your state?

I have been trying to get the audit on my account for 3 1/2 years. I contacted the board president on 2/26/05 and was finally greeted with a civil summon for 4/12/06. After court proceeding (ADR) on 6/6/06, HOA dropped the claim against me and the case was closed by the court. Since May of 2007, I started receiving demand notices again regarding to part of the balance from 2004 and was threatened with another law suit. I am amazed that our HOA chose to ignore court order and pursue a case that was administratively closed by court. As a homeowner since 1991, I have paid my monthly dues for 16 years.

There are so many questions on how this issue was handled by our board and the management company and I believe there are conflict of interest by the president. I know that some board member are not aware of the case. What are the fiduciary responsibilities board members have for the association and its members? Can board members be sued for misconduct? If I am sued again, can I name all board members and file for counter claim? What can counter claim include, atty fees, court cost, mental anguish? It has been hell and I need to act soon. One attorney said no legal action possible unless suit is filed. I am writing a letter to all board members. At this point, i believe that hoa just want me to pay for some of their errors.

What do I do? thank you.What is the name of your state?

[HomeGuru]

Originally Posted by wendy128

What is the name of your state? Co

I have been trying to get the audit on my account for 3 1/2 years. I contacted the board president on 2/26/05 and was finally greeted with a civil summon for 4/12/06. After court proceeding (ADR) on 6/6/06, HOA dropped the claim against me and the case was closed by the court. Since May of 2007, I started receiving demand notices again regarding to part of the balance from 2004 and was threatened with another law suit. I am amazed that our HOA chose to ignore court order and pursue a case that was administratively closed by court. As a homeowner since 1991, I have paid my monthly dues for 16 years.

There are so many questions on how this issue was handled by our board and the management company and I believe there are conflict of interest by the president. I know that some board member are not aware of the case. What are the fiduciary responsibilities board members have for the association and its members?

**A: info is available [url]www.caionline.org[/url]

********

Can board members be sued for misconduct?

**A: yes.

**********
If I am sued again, can I name all board members and file for counter claim?


**A: yes.

********
What can counter claim include, atty fees, court cost, mental anguish?

**A: yes.

**********
It has been hell and I need to act soon. One attorney said no legal action possible unless suit is filed. I am writing a letter to all board members. At this point, i believe that hoa just want me to pay for some of their errors.

What do I do? thank you.What is the name of your state?

**A: hire an attorney and sue their butts.

[wendy128]

Hi, HomeGuru, thank you so much for your decisive answers on my case. I am hoping to find a local lawyer to take the case. Several have turned it down because of conflict and one laugh at me when I mention mental stress and loss time.

As I strategize my case, here are more questions:

1. Is it ever a good idea to sue HOA? I have heard that they have so much power that homeowner end up spending a lot of money without favorable results.
2. Is it still a good idea to write a letter or tell them what happened in ADR or speaking to the collection attorney who presented at ADR?
3. Is it better to wait to be sued than sue?
4. Who do I name as defendants? How about the member who are not aware of the case? HOA, all board members, management company, community manager?
5. Who will defend board member if they are named individually?
6. I have a solid case and am able to proof in court. The question is how to proof mental distress and loss time.
7. How to determine amounts? I only wish to send a message, cover my expenses and loss time, stop the harassment and clear the balance on my account.
8. How will the suit affect my unit or my tenants? They have been written up for violations lately. Or, do you think that they will stop messing with my unit because of my voice.
9. What if I wish to run for the board? I am afraid to be associated with corrupted board members and create personal liability if this is how they run business.
10. Are board members covered by D&O insurance? Will the settlement be with the insurance company, if any? Will board members be personally liable for misconduct for an act or failure to act, if proven?

Thank you.

[BlondiePB]

Wendy, look in your docs regarding breach of fiducary duties being covered or not by the BOD. If the BOD has breached their fiduciary duties and the liability insurance for the BOD does not cover the BOD when breaching fiduciary duties, prove the breach first.

The attorney (insurance attorney) who will defend the BOD will likely be paid by the hour. It will be in the attorney's best interest to drag this out as long as possible to be paid a nice sum of money.

If you are not/have not been treated for your mental anguish by professionals (i.e. doctors & psychologists, how are you going to prove it?

[wendy128]

Hi BlondiePB