Ask a Lawyer: Why Lawyers Don’t Take on HOA Cases

Georgiaslawyer.com
In this video, a lawyer explains why attorneys often avoid taking on homeowners association (HOA) cases. He discusses the financial challenges, enforceability of HOA contracts, and the lack of profitability for lawyers in pursuing these disputes, making it clear why these cases can be difficult to fight.
#HOALaw
#LegalAdvice
#HomeownersAssociations
#ContractDisputes
#GeorgiaLaw
#LegalHelp
#RealEstateLaw
#PropertyRules
#AttorneyInsights
#FirstTimeHomebuyer

[@MasterMindWC]

Now I understand why nobody was willing to work with my Uncle. He had to take an HOA to court over constitutional and state laws they broke, he had to represent himself and I had to help furiously googling everything. He managed to win his case and got the HOA shut down and the head of the HOA and two board members did get prison time as a result of the law suit that was used as evidence in the next one.

[@Shawn-Creates1975]

Absolutely awesome. HOA is terrorism.

[@Titus_Gunter]

What was the case number ?

[@ericwilliams1659]

Lol, ask a lawyer--- Can i pet your dog?

[@tomb7942]

I just love it when someone says that "they should just sue". It just shows that they have no idea how legal cases actually work. Its even worse when they say "just look for a different lawyer" after I tell them that Lawyers won't take cases on contingent if the payoff isn't large enough.

[@Bud_Emmer]

Yes, they don't understand that it's 15k just to get paperwork started.

[@Toramt]

The net effect is that HOAs, and other entities, know there it's a lower bound below which they can do whatever they want because there is no economical route to challenge it :(

[@tomhalla426]

I was a contractor, and my liability insurance had a clause it was not valid if I was rash enough to do work for a HOA or a Condo association.

[@MikeinTexas74]

Just don't buy a house in an HOA.

[@CircadianRhythmm]

I just think it’s a shame that the barrier between something getting justly and fairly litigated is wealth. Same way I feel about healthcare in America.

[@tadghostal8769]

Attorneys are like insurance companies- their sole reason for existence is to trade justice for profit. This one knows about the organic constitution act of 1861, and if he doesn't- it only shows how disingenuous and/or ignorant he is twords his own country's tradition of exposing and discontinuing blatantly tyrannical systems.

[@CircadianRhythmm]

@ it’s just crazy to me that there hasn’t been some type of awakening or revolution in the general public. The profiting off of healthcare or the pursuit of justice is probably one of if not the most disgusting thing that humans who aren’t in a certain tax bracket have to deal with.

[@dragonmares59110]

I am so glad that HOA are nearly non existent in my country, everytime i hear or read about them it seems like something which should be illegal

[@michaelbreaux-tj6mx]

why should they be illegal?

[@Shawn-Creates1975]

@@michaelbreaux-tj6mx Because they are evil.

[@NikoBellaKhouf2]

​@@michaelbreaux-tj6mxwhy should they be legal?

[@akusworld5117]

@@michaelbreaux-tj6mx my house, my choice. If it is under the legal bounds of what can I do with my land, no one can say a thing. My house, not HOA's house.

[@herberthall8082]

This is a good discussion. The homeowners association believes they are right and that their contract is good. That means they're not simply going to roll over when they are sued. They will spend a lot of money defending the case, which means the homeowner bringing the lawsuit needs to spend big bucks themselves on the lawsuit. People don't want to do this however. If you can't afford to hire an attorney to come to the closing and explain all the documents and all the provisions of the homeowners rules, then you can't afford to hire an attorney to bring an HOA lawsuit. Attorneys that work on contingency, do so only if there is a substantial verdict likely to be obtained. If you have serious injuries, contingency lawyers will handle the case because they feel that they will ultimately recover their attorneys fees out of the bigger verdict. If only your car is damaged, contingency lawyers will not handle the case because they know they will not get adequate attorneys fees out of the 5 or $10,000 damage to your car. The moral of the story is read the HOA rules before buying.

[@Fantazier1]

Or...Don't buy in an HOA area like I did.

[@sikwititbristol1032]

Don't buy into hoa

[@ronpeacock9939]

as the saying goes... Money talks... and with lawyers... that's the main montra

[@beaubellamy2999]

HOAs are a nightmare

[@SenpaiWorldwide]

What about the cases with people getting harrased by a hoa when they're not a member

[@g1eagle]

I don't understand how they can hand you rules after you closed and there enforceable when you didn't have a chance to read them.

[@joemunch58]

The articles of organization and declaration are public records on file with the secretary of state and in the deed records. You can also get copies of other corporate documents before you close.

[@Dienow3xw]

Use small claims court. No lawyer needed, but you can get up to 10K depending on state

[@arat2376]

Remove regulations, hoa,govt. As a side note...200 10k is still 50$ an hr...

[@JC-tf2jb]

Or just never buy in an HOA!

[@JC-tf2jb]

Every HOA is a good one till the wrong president is elected.

[@williamangeles9761]

Always a scam. Your freedom does have a price on it.😂

[@ryanfowler3285]

Here's something yall dont want to hear about HOAs: when you were looking for houses, the mowed yards, lack of cars parked anywhere and everywhere, the lack of trash cans everywhere so you have to drive around them, no groups of kids running in front of you... All thaoe things led to you choosing to buy that house. So why then would you do not follow the rules when it obviously can be a good thing to live in a nice, quite and clean neighborhood.

[@YouCanCallMeSir91]

You sound like the old guy who gets mad about kids riding their bikes down the street. Get a life.

[@quickchicken506]

SO what you're saying is Lawyers are greedy.

[@Figgy20000]

What he is saying is Lawyers need to get paid. As do all adults who work in a profession. Are you 12?

[@quickchicken506]

@@Figgy20000 Are you a troll or just an idiot?

[@IamCupkake]

@@Figgy20000he gave an example for writing a will and quoted $300 an hour. That’s twice the hourly rate of your average brain surgeon, you really don’t see how greedy that is?

[@Atl_Cody]

@@IamCupkake There's a difference between a billable hourly rate and how much the lawyer makes personally per hour.

[@Atl_Cody]

How does it make someone greedy not wanting to take work that they don't do to be profitable? Would you also get mad at a doctor because he's not willing to mow your lawn for 20 Bucks an hour?

[@VR_DS]

If you ever have troubles with your HOA do me a favor and go get your HAM license. Go and get yourself the permits to put up a tower, 50ft is basically the minimum height, but you can get up to 120 if you add a concrete base and hold downs. You also get more protections if you add a fixed broadcasting antenna for local TV ect. It’s federally protected, just make sure your HOA doesn’t specifically ban them because then it’s a little harder. Federal and local laws are protecting you, but for some reason HOA seem to be exempt. So you show them the prints, the permits, and the lovely spot you have picked out, bonus points for the front yard. And then you can tell them that you want out. Most places need unanimous votes for your removal, but if they don’t let you leave just throw that bad Larry up. The bad news is, it’ll be about $50k for the tower, but with all the bells and whistles (not needed, but the fancier you get the more protected you are), but that’s still cheaper than lawyers. *not legal advice. Research OTARD protections, PRB-1 reasonable accommodations, local zoning laws.

[@vector150]

Lawyers aren't even worth that kind of money. They just think they are

[@Atl_Cody]

If we weren't worth it, the market wouldn't support it People pay it. So thus we are worth it

[@Shawn-Creates1975]

...Until you are standing in front of a very angry judge.

[@paulashmore4521]

Never hired a lawyer that I thought I got my moneys worth out of him.

[@softhands3394]

If salt Bae can charge $5,000 for a piece of sirloin then I'm certain Lawyers can and do charge even more than $500 hourly