Should & How do I sue my HOA...Video #8

[@msell8107]

Wow, very useful and realistic advice. I will never ever buy a condo again! The board members can be nasty, nasty and more nasty. 👺👺👺👺👺

[@georgestaropoli7541]

Very nicely said. From my experiences with the courts in several states, here's some guidelines from a layman. 1. Sue on a violation of law or governing documents. Being not happy with the BOD's functioning doesn't count. 2. The person you must convince is the JUDGE who will hear, for the first time, the situation from both parties. Anything not presented or provided by a witness or affidavit doesn't count either. 3. Most homeowners fail to address the HOA's response and are not prepared to rebut its position. That's a cause for losing. 4. The next major failure is to file a counterclaim against the HOA for essentially unclean hands -- they are at fault, too. Make that clear that the HOA is not standing up for what's right and good. 5. Lastly, get a good ;lawyer who's not afraid to stand up to CAI. Homeowner Advocate Legal Research Information Services.

[@HOAFightclub]

Your knowledge is so appreciated. I have learned so much from you and feel so lucky to have you as an advisor and friend. HOA Warriors need to come together. It takes an Army to defeat tyranny.

[@steverooney1660]

Know any good lawyers in Ga or do they have to be in Ga? Demand letters?

[@champion2lion]

@@steverooney1660 any luck I'm also in ga

[@steverooney1660]

I have a few lawyers interested

[@steverooney1660]

@@champion2lion I have 2 lawyers calling. Where in ga?

[@WhiteColonizer]

All hero's don't wear capes. I salute you

[@koala6607]

My neighbor had a mediation. The board took her off the rental list because she had a leak inside the walls that was the HOA liability, confirmed by the insurance company and attorneys, and they had their own crooked plumber who said it was her fault. The president (who herself is a felon ) never let anyone speak during the mediation, just screamed at her. The attorney then said there is no point of continuing and the mediation was over. The criminals will do crime if nobody can stopped them.

[@user-uf9xj3wg9h]

Great video again! One tip from a former board member. Not all HOA's are as vulnerable to threats of lawsuits. Look at their available cash. An HOA with $50,000 in various accounts likely could withstand a legal challenge. On the other hand an HOA with $3,000 on hand is going to have a hard time justifying spending association money on a fool's errand. Thanks

[@fredfloyd34]

Excellent pod cast...So glad theres people like you fighting for your rights to live in peace.

[@andygrether5549]

I have a water leak coming down into both bedrooms, causing black mold and severe water damage. The leak is coming from a common area rooftop deck (they were built incorrectly) which is Corporation Property, which according to our CCR’s, the HOA is responsible for maintaining and repairing. They didn’t maintain it (causing the first leak) and didn’t fix it (causing the dozen leaks over the next 8 months). The HOA is saying “yes, we are responsible for the outside leak, but you are responsible for the inside (even though the HOA caused it). I finally hired an attorney to go after them.

[@HOAFightclub]

Let me know if I can help.

[@andygrether5549]

@@HOAFightclub do you have any recommendations for attorneys in Southern California? I’m not exactly thrilled with my current attorney

[@HOAFightclub]

@@andygrether5549 here is a list that was shared with me. I have not used any of these. The first name looks promising and defends homeowners. www.lubinphamcaplin.com/hoa-lawyer/ mbkchapman.com/condo-attorney-silicon-valley/ glawcorp.com/practice-areas/hoa-law/ www.figueroa.law/

[@diannh2894]

I would love to chat with you!!!! Our board has neglected to maintain the property and resulted in someone almost breaking their foot. They also embezzled I believe because they are refusing to release the documents and the budget. So many of us are angry but we don't know what to do! We know they're breaking laws but what do we do?

[@HOAFightclub]

Send the declaration and bylaws so I can go through them and offer my opinions.

[@ellenmendoza7246]

Your a brilliant woman. These people are monsters this stuff is nuts

[@HOAFightclub]

It’s the mob legalized by the government. Let me know if I can help you. [e-mail]

[@Rbar-s6q]

Your videos are awesome! Thank you for taking the time to help

[@HOAFightclub]

You’re welcome! If you need me to look over anything you can send me an email at [e-mail]

[@lindagirl1140]

Yeah. I get it. I too don’t want to hurt my neighbors..

[@HoVseMD]

Wow I just stumbled upon this and your introduction was like a conversation in my head about my good neighbors and how guilty I feel for even thinking of suing my HOA. Please suggest a CA lawyer I can contact because im sitting in a mold for 4 years. Thanks

[@terence4427]

Last year in October ('21), our HOA removed a large mulberry tree from our backyard for which we were grateful. However, the HOA did not level the huge pile of dirt that was left over and plant grass or sod over it. In February '22 a large spruce came down in the backyard due to high gusty winds. The HOA removed this tree too but did not level the dirt or plant sod over it either. As such, we now have two huge piles of dirt from where trees were once planted. We also have a significant amount of "patchy grass" in the yard. In April ('22), I attended a board meeting and asked the HOA board to address these conditions. They assured me that they would but have not done so as of date. I emailed the board 5/22 and again today (7/6) about the state of my backyard. I am absolutely at my wits end. I am angry. I don't know what to do. The bylaws say the landscaping and yardwork is the responsibility of the HOA. Do you have any advice? We seem to be the ONLY FAMILY in the subdivision that this is happening to, so we're frustrated.

[@HOAFightclub]

Send me a copy of your Declaration and Bylaws. [e-mail] and my website is HOAFightclub.com. Did you send the notices certified mail? Once I go through the documents I can offer my opinions. Hopefully, we can get it solved.

[@joenewman3479]

I love you with great respect…🥰

[@cynthiaguarino2016]

I've been looking for a podcast like this. Our HOA is saying that they don't have any money and are assessing us into oblivion after they raised our fees to $700. a month. We are townhome owners and they have been negligent in doing basic upkeep and are now saying that they can't do it because of lack of money. They want to change the by-laws and make us responsible for these things. This is basically a retirement community and people can't afford it. We're talking hundreds of thousands of dollars.

[@HOAFightclub]

Send me a copy of your declaration and bylaws. I can go through and offer my opinions. [e-mail]

[@Militarywidow]

@@HOAFightclub I'm so happy I you're your channel! My lawyer is about to file a lawsuit against my hoa. I'm in Florida.

[@oneshowoneservant]

🔥i like your fight club🔥 i will watch your show now👍 🔥 man.

[@stevekorossy3901]

What happens when an HOA fails to hold elections for minimum 3 directors for over 15 years? Governing docs require annual election for minimum 3 Directors.

[@HOAFightclub]

Send me a copy of the Governing Documents to [e-mail] Elections and annual meetings are required every year. If your association isn’t holding them, you will need to alert them of their violation of the governing docs. Let’s see what I can do.

[@dilly7943]

I love your videos I need some serious help with my HOA. I just took them to small claims court and the case was dismissed based on jurisdiction. The judge is telling me I have to take them to hire of course they violated the bylaws to state property code and much more. Is there any way that I can get possibly assist me with.

[@HOAFightclub]

Send me your Declaration and Bylaws to [e-mail] Let me see what I can do.

[@silviab6219]

Hi, thank you so much for your video. I want to ask you if you happen to have a recommendation on an attorney in California. I am currently in a situation where over a month ago I had a slab leak and my HOA approved their plumbers to re-pipe my hot water line visibly through my kitchen cabinets and behind my stove and fridge. They left a large whole that exposed mold while they attempted to convince me that this was how it was supposed to be fixed (I have everything in emails). Finally they got their insurance on the case to fix this mess and their insurance tested my unit for asbestos and they came back positive. I have moved out of my condo over 2 weeks ago. I’m currently 6 months pregnant and they have just barely started the demolition process. I’m sorry for the long story. I wonder if you may please point me to the right direction of an attorney you may recommend in CA or how I should search for someone? I appreciate any and all advice. Thank you sooooo much!

[@HOAFightclub]

Send me a copy of your Declaration and bylaws. Plus any emails, letters, insurance, etc. [e-mail] Hopefully I can help you get what you need.

[@kishorilalkishoreda5719]

Hello madam and thank you for the great tutorial I have a question for you and my question is ,basically the water was leaking from the third floor of the sewer and drainage pipes and it leaked into my house and ruined my floor and many other things then I decided to sue them because they were not willing to pay for the damages that were caused by the water leakage and when I serve them the court documents they are saying that they are not the decision makers they are handling the repairs or the paintings in our buildings, they say you have to sue the actual HOA they even told the judge the same thing so can you please help me and tell me how to find my HOA, so I can serve them the court documents and when I ask the temporary HOA they are not giving me any information regarding how to find them and who they are please help me I would greatly appreciate your help

[@HOAFightclub]

If you have the Declaration and bylaws send them to many and anything else that they have sent you. I will go through and see what I can find to help you. [e-mail]

[@JoJo-xg8iv]

One more time: KUDOS!

[@RJMEL24]

You never once stated your particular claim against your HOA. You also inferred your problems were with the inside of your home. Why would the HOA be responsible and not the Builder unless you are living in a HOA Condominium. You did not state what this was in regard too and lastly, you didn’t mention that if you lose, you not only pay your Attorney, you also pay the HOA Attorney as well as any and all HOA levied fines and interest. This is in my opinion very bad advice. Easier to move out if you are THAT offended.

[@cuarajhyrojayju4397]

Shared

[@yvettehitchens5421]

What if the property management company ignores your request for documents. I have placed this in writing.

[@HOAFightclub]

It depends on your CC&Rs and the state laws. Send me your Declaration and Bylaws to [e-mail]

[@icyblue4541]

I am having the same issue. I’ve had insurance claims that they mismanage. They all work together (board and property manager) and I’m certain it’s racial discrimination at this point . They stonewall on every issue and don’t return calls emails or certified letters always changing the goalpost. I’m sandwiched in between a lower and upper unit so things break down and water damages occurs every few years. Each repair takes over 9 month minimum to get addressed because they force you to use their in-house repair ppl the work is always done poorly and then I have to fight to get them back in to fix substandard work. Doing the restoration in house is revenue for the management company so of course it’s to their benefit to say the work is fine and keep it in-house and since the payments are capped to insurance limits they charge exactly that and it’s fixed income for them ( it’s a criminal business model for sure) . Each time my home looks much worse then originally due to careless work performed. I’ve lived here for over 13 years and have had damages more then 6 time, new floors and ceiling in about 3 rooms. They mismanage the duties they are entrusted with and because the Board members I’m sure get all their issues resolved to satisfaction no one cares. They take the money my insurance pays out and mismanages it by providing poor repairs that I then need to have redone out of pocket every time. There is no professional standard they are held to and I am always accused of being the problem for having any type of standard and speaking out. I probably should have looked into a lawyer at the first claim gone wrong but here we are, the HOA has assets of over 700k and have money to throw at lawyers no problem. I’m located in Maryland and did reach out to at least one 2 lawyers several years back familiar with that management company and how terrible they are but my takeaway was they of course will file whatever paper I wanted but because they plan to fight for me but because they will collect a paycheck from me . Not very promising at all that it would effect any significant change. Discrimination is a new development that I am certain is the cause for all my troubles with them all these years but how to move forward with a small budget? Of course I can sue, I know anyone can and lawyers quietly collect their paycheck but can I win is the real issue.

[@HOAFightclub]

@@icyblue4541 I would have to look at you Declaration and Bylaws, plus the letters and other information you have. Successful HOA lawsuits are difficult due to the homeowner pays out of their pocket, while the board using the association funds to pay for unethical attorneys that will drag out the case until you are bankrupt and they steal your home in foreclosure. I will give you my opinion and share methods to expose the rogue agents. Send me your information and I’ll let you know my thoughts. [e-mail]

[@vincenthuger3329]

i need that attorneys name again..

[@rizocars6115]

How much did it cost you to hire an attorney?

[@HOAFightclub]

My attorney fees were over $60,000.

[@steverooney1660]

Can an hoa attorney make up rules? I was told by the hoa attorney that her rule wasn't written and didn't have to be. Huh??

[@HOAFightclub]

All rules usually have to be published and the Declaration and Bylaws show how to make those rules. Attorneys would have no power to make up any rules, only the board has that power. I can review the declaration, bylaws and rules plus any letters you have and offer my opinions. I’m not an attorney, but can offer suggestions and solutions. Send me what you have to [e-mail]

[@steverooney1660]

I was denied a paint color and the reason said: no white body paint allowed nor brick paint. I received a lawyer letter to repaint. I went to appeals meeting and showed them pictures of 8 other white homes. They said I don't know the other homeowners situations. I pulled out approval letters from the homeowners and knew all of the people who owned the houses. The attorney then said my color, Alabaster...isn't allowed. I asked where that was written. She said it's not and didn't have to be. The hoa president had no comment on that. The hoa president then said they don't allow Sherwin Williams colors between 256 and 266 paint color. I referenced her to one of the white houses in the notebook and said you approved this homeowner last Octobet for paint 257...which is in that range. They made up 2 rules after seeing I did my homework. Next day they still denied me with no written reason.

[@HOAFightclub]

@@steverooney1660 first, you had an appeals hearing where an attorney was present? Did the board announce the attorneys presence prior to the hearing? Attorneys cannot attend these hearings without notifying a homeowner. You have the right to an attorney if the board has an attorney present. As for the color of the paint, I need the governing documents to give my opinion.

[@steverooney1660]

@@HOAFightclub yes they told me the lawyer would be there. I recently posted on BBB a complaint towards the lawyer about her making up rules at my appeals. The other day I received a certified letter to pay 4k in fines about my house but it was from a different hoa attorney. And...here's the kicker...that paralegal who wrote the letter mentioned, "As you know, you painted without permission and denied at your appeals." My original denial letter didn't mention anything about permission. The reason I was given dealt with no white paint allowed and I proved that to he false. This new letter has a different reason why I have to repaint.

[@steverooney1660]

@@HOAFightclub and...I had two neighbors coming to meet me at my appeals to fight for me and when they showed up before I did...they were told they couldn't come in...only attorneys.

[@wildmoose1892]

What is your name again? I have excellent HOA stories to share with you. Thanks

[@HOAFightclub]

My name is Raelene😉