What type of lawyer/law firm handles cases against HOA management companies?

[oohlalaw]

Colorado. What type of lawyer/law firm handles cases against HOA management companies? A family member lives in Aurora, Colorado, and the HOA management company there is dishonest, does not keep homeowners informed of finances, does not make agreed repairs, keeps raising the dues, is not transparent (does some important things in secret), lies, and more. The homeowners would like to get legal advice from an honest lawyer or law firm.

 

[quincy]

Colorado. What type of lawyer/law firm handles cases against HOA management companies? A family member lives in Aurora, Colorado, and the HOA management company there is dishonest, does not keep homeowners informed of finances, does not make agreed repairs, keeps raising the dues, is not transparent (does some important things in secret), lies, and more. The homeowners would like to get legal advice from an honest lawyer or law firm.

A real estate attorney with HOA experience should be able to handle a legal action against an HOA management company.

If you are looking for an “honest” lawyer, however, you might have to search awhile.

 

[oohlalaw]

Thanks!

 

[quincy]

Thanks!

You’re welcome, oohlalaw. Good luck to your family member.

 

[Taxing Matters]

If you are looking for an “honest” lawyer, however, you might have to search awhile.

As a Colorado lawyer myself, I object to that kind of disparagement, even in jest. Most attorneys in this state are honest and do their best to give their client accurate advice and a favorable outcome to their disputes.

 

[Taxing Matters]

Colorado. What type of lawyer/law firm handles cases against HOA management companies?

I suggest you seek out an attorney with experience litigating against HOAs and condo associations. That may be an attorney who handles mostly real estate matters or business/contract disputes. I suggest that because if the problems cannot be fixed at the HOA level and the homeowners have to go to court, they'll want a lawyer who knows what the courts look for when the lawyer is dealing with the HOA. Framing the issues correctly to the HOA board makes litigation much easier. The homeowners also want to be careful about what they allege about the HOA board, as some of the issues you mention could result in defamation issues if the homeowners turn out to be wrong. The lawyer can help them avoid that. Sometimes all that's necessary to fix HOA issues is either voting out the current board (which of course means finding reliable HOA members who want to take on what many view as a thankless job) or a well written lawyer letter to get the board to be more accountable to the homeowners. If the homeowners start out on the right path it'll cost them less and have more chance of success. The Denver metro area has a lot of lawyers (unfortunately, for the lawyers at least, only the DC metro area has more lawyers per capita than Denver) and the homeowners will have a lot of choices. They may want to meet with 2 or 3 different attorneys/firms to find the attorney they feel most comfortable with and who charges a reasonable rate.

 

[quincy]

As a Colorado lawyer myself, I object to that kind of disparagement, even in jest. Most attorneys in this state are honest and do their best to give their client accurate advice and a favorable outcome to their disputes.

“Before you criticize someone, you should walk a mile in their shoes. That way when you criticize them, you are a mile away and you have their shoes.” - Jack Handey

 

[Taxing Matters]

“Before you criticize someone, you should walk a mile in their shoes. That way when you criticize them, you are a mile away and you have their shoes.” - Jack Handey

I wish you had remembered that before disparaging Colorado lawyers.

 

[quincy]

I wish you had remembered that before disparaging Colorado lawyers.

Michigan is more than a mile from Colorado.

Your shoes are not very comfortable, by the way.

 

[Foamback]

Why don’t the homeowners purge the board and fire the company

 

[quincy]

Why don’t the homeowners purge the board and fire the company

The board members could be developer-appointed board members rather than owner-elected board members.

 

[oohlalaw]

I suggest you seek out an attorney with experience litigating against HOAs and condo associations. That may be an attorney who handles mostly real estate matters or business/contract disputes. I suggest that because if the problems cannot be fixed at the HOA level and the homeowners have to go to court, they'll want a lawyer who knows what the courts look for when the lawyer is dealing with the HOA. Framing the issues correctly to the HOA board makes litigation much easier. The homeowners also want to be careful about what they allege about the HOA board, as some of the issues you mention could result in defamation issues if the homeowners turn out to be wrong. The lawyer can help them avoid that. Sometimes all that's necessary to fix HOA issues is either voting out the current board (which of course means finding reliable HOA members who want to take on what many view as a thankless job) or a well written lawyer letter to get the board to be more accountable to the homeowners. If the homeowners start out on the right path it'll cost them less and have more chance of success. The Denver metro area has a lot of lawyers (unfortunately, for the lawyers at least, only the DC metro area has more lawyers per capita than Denver) and the homeowners will have a lot of choices. They may want to meet with 2 or 3 different attorneys/firms to find the attorney they feel most comfortable with and who charges a reasonable rate.

I'll pass this info on to the concerned HOA members.

They did try to vote out the current board but were somehow blocked from doing so. I don't know the details. I do remember that some of the issues include failing to repair a fairly large pothole at the entrance of one of the parking lots (it has been there nearly 2 years; the county fixed the part of it that is on county property long ago); doing nothing about 2-3 condos that were destroyed by fire beyond repair over a year ago (quite an eyesore); and sending homeowners a document stating there would be no special assessment for siding repairs and then making a special assessment for it after all and that assessment will take years to be paid.

Many thanks.

 

[oohlalaw]

Why don’t the homeowners purge the board and fire the company

They tried to purge the board but were not able to. I hope they will try again.

Thanks.

 

[quincy]

They tried to purge the board but were not able to. I hope they will try again.

Thanks.

Elected board members potentially can be removed by HOA members but it could be that the board members were appointed by the developer, not elected. It would be good to learn more about the Board. Read over all of the HOA documents. The attorney the members seek help from should be able to find that information out, too, and provide the HOA members with their available options.