do i have to sue?

[wayne-o]

What is the name of your state? TN I am having a problem with the management company for our homeowner's association. I am considering filing suit against them. My question is if I sue would I have to name my homeowner's association as a defendant as well. The management company says "we are just doing what they direct us to do".

Thanks

 

[HomeGuru]

What is the name of your state? TN I am having a problem with the management company for our homeowner's association. I am considering filing suit against them. My question is if I sue would I have to name my homeowner's association as a defendant as well. The management company says "we are just doing what they direct us to do".

Thanks

**A: please state what the specific issues are.

 

[wayne-o]

do i have to sue

I was disputing a charge on my account, they failed to answer two letters (one certified). While I was waiting on responses, they filed lien and suit. I settled suit, but I want to try to go after management company for attorney fees that I had to pay. Our bylaws say that I must pay all reasonable fees involved in the collection of dues however, I feel that these fees were unreasonable, since the management company refused to respond to my requests for clarification of charges.

 

[HomeGuru]

I was disputing a charge on my account, they failed to answer two letters (one certified). While I was waiting on responses, they filed lien and suit. I settled suit, but I want to try to go after management company for attorney fees that I had to pay. Our bylaws say that I must pay all reasonable fees involved in the collection of dues however, I feel that these fees were unreasonable, since the management company refused to respond to my requests for clarification of charges.

**A: since you settled the suit, you basically gave up your rights to file a counterclaim arguing the management company was not responding.
You had a choice to mitigate damages and pay the amount under protest and fight later, but you failed to pay resulting in thelien and lawsuit agaisnt you.