When HOAs Get Sued

When HOAs Get Sued
Real estate agents and Realtors Shawn Battle and Matt Leighton talk about what happens when HOAs (Homeowner Associations) get sued.
Lawsuits for HOAs and condo associations are a lot more frequent than some may think. Lawsuits happen. It's important to know the ramifications if you are looking to buy into an HOA that has a current litigation or if you are a seller and are looking to sell your home while there is a pending lawsuit.
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Shawn Battle
Licensed in VA, MD and D.C.
Orange Line Condo
[e-mail]
Century 21 Redwood Realty
1934 Wilson Blvd, Arlington, VA 22201
• When HOAs Get Sued

[@sjdkfl]

Most HOA board members should be in prison.

[@sapphire6107]

From personal experience, NEVER again will I buy a house with HOA! Total RIPOFF!!!

[@jendoe8264]

Wrong topic buds...!!!.too much into selling your condo & minimal info about HOA law suite itself ????

[@dalewalker4614]

You forgot the split suit pants story. That was priceless..... NOT!

[@migueldelacruz5347]

I want to sue my HOA....

[@shawnbattle]

MIGUEL DeLaCruz I hear you Miguel, thank you for watching! HOA’s can be great but can also be very frustrating, especially when there are a lot of different minds that want different things. Not everybody thinks the same or wants the same things, so it’s often hard to come to a resolution.

[@Rbar-s6q]

Did you ever Sue?

[@jimp9358]

I'm being sued...want to counter against every board member...

[@embededfabrication4482]

Our HOA has instructed members they have the right to threaten, accost, harass people they don't recognize. On several occasions I've had people use their car against me like a weapon because they thought I didn't live here. They come at you in a very rude and aggressive manner, demanding to know if you live there, and where exactly you live. I'm not going to even respond to it, as a resident I don't have to even talk to them, let them call the police. They have even brandished their rifle against people for minor trespassing (using the boat dock). I think you only have the legal right to act so aggressively and violently on your own specific property don't you??

[@shawnbattle]

Crazy stuff, I’m sorry you have to go through it. Yeah I think sometimes people go overboard. Is there a specific problem or reason that they’ve instructed members to be so aggressive?

[@FloridaCatholicGuy]

They better not point a rifle at me because I shoot back.

[@invisableobserver]

I am having the same issue with my HOA, they hired bikers and some mafia type guys to threaten me. I'm injured, elderly and disabled, I have to pay people to shop for me & bring me food, The HOA has blocked them from coming to my home to deliver the food, I'm sitting here starving trying to get help but I cannot find any help anywhere, the HOA are such cowards. Police won't help, they said they won't do anything because it is private property. Any suggstions?

[@embededfabrication4482]

@@invisableobserver take video and post to KZbin and Facebook etc. Document and keep a diary, note times dates etc. Ultimately you can sue for harassment

[@oojas1987]

I have a question. What if you have a litigation for 1 million dollars with the condo management from the previous condo management. Basically the current condo management says that this litigation is against previous management of the same building. Bank refusing financing the deal. The condo building has 6 units only, and as per the litigation, it is against the management of that same address where the condo is being sold. Is that a good deal to ignore and try to find different bank or let this condo go?

[@shawnbattle]

That is a good question Yevgeniy, thanks for watching. I believe that most banks will have a problem with it. Every lender is going to send a condo questionnaire to the condo you are purchasing. In that questionnaire, one of the questions is "Is there any litigation in the building?". The manager of the condo will be required to say yes. Then the bank will look at the scope of the litigation, whether it is frivolous and how much it entails. This lawsuit being a million dollars is a big one, so chances are they will deny financing for the building. Is the old management company suing the condo or is the condo suing the management company? In my opinion I might walk away being that the building is only 6 units and has a big lawsuit, but look into the details of the lawsuit, you can usually find that in public records.

[@rewardunkind4541]

Hoa presidents disliked this

[@momann1822]

I am dealing with an unbelievable situation in my HOA. The board passed an emergency special assessment based on unforeseeable extraordinary expense not reasonably seen doing the annual budget preparation. The board listed the expense as an contract they entered into six months before. When they entered into the contract was the same month the annual budget was prepared and distributed. They also made four progress payments before the esa. Also, they did not increase the monthly dues to cover the expense during budget preparation. The board also alleged 1) there was an threat to health and safety 2) the board was given inaccurate financials during the annual budget preparation for a few years 3) the previous hoa management had poor bookkeeping. All is good but one BIG problem they don't have documentation to prove the allegations. But that's not stopping them from enforcing the esa payments. Their excuse we needed the money, so pay.

[@Casmige]

What’s the course of action for 30 units out of 200 destroyed by an EF3 tornado and the master plan insurance company is under-estimating rebuilding cost coverage by about -3Mil.??. Is suing effective to get the master insurance company To step up and do the right thing or are there other regulatory avenues to pursue first?. It’s been a year and a half and nothing has been done...

[@Chicago_Clout]

Please look into all lawsuits and check if the HOA is suing the homeowners also.

[@jimp9358]

They're wanting to charge me cuz my neighbor scared I'll defend myself!

[@7luckym586]

hi, how and where i can find out details of the law suit? im in miami condo and the board + the management company they hired are crooked. The lady who runs the board tells the manager of the management company if he talks to residents, she will terminate the service with them. i want to sue the board myself, but cannot afford attorney’s service, the board member tried to strangle me- squeezed my neck, because she tried to get the signature from me. our building appeared on channel 10, “ NO HOT WATER FOR 6 MONTH”, this HOA IS a nightmare, can you give me any suggestions? what area/category of the law the attorney should practice for this type of situation?

[@shawnbattle]

Lawsuits are usually public record. So you should be able to find details of the lawsuit on line. Maybe at your county website. Have you tried that? Also, If I owned in the building, I would be calling the management company, you have the right to do so. Dig and get the real details. One person usually doesn't have that much power in the board. It is made up of multiple people and to terminate a contract with a management company would usually have to be done through a vote.

[@7luckym586]

@@shawnbattle There is a lawsuit from my neighbour against the board right now, i want to file one also. we have 2 ppl running the board. when one of my neighbour had a request for financial statement, this lady replied with hard copy in the mail, with the answer from the attorney they hired to answer the question that they are not obligated to provide some types of information, she tells the other board member to ignore any request or questions or emails from residents , “because its too much work already, and we are not slaves”. she claimed that she did not receive 2 good checks from me, so i gave the 3 rd check to the management company (and canceled previous checks )and they passed it on to her. on the next day she stopped me and gave the 3rd check back saying that the previous check has cleared. i told her that i checked the bank and didn’t see payment cleared. she just pushed the check into my hands and told me to take it. on the next day i received a letter with fees for bounced checks and also late fees for maintenance payment. when i called the management company and tried to tell them what happened, they told me that they are not allowed to speak to me, otherwise they will be in trouble with the lady from the board. my neighbour who is suing the board told me that her checks regularly went to the garbage and the “treasurer” told her she never received the checks while there is several videos showing the checks dropped in the mail box i need help. do you have any other suggestions? what attorney fees would be in this situation? thank you so much

[@Juliemarie311]

I realize this is an old post, but I'm still fuming from a year ago when this happened. What about back charging for a balcony repair on a condo? The Association had balcony reserves, which is how my new balcony was paid for. A new association came in and in 2019 sent letters out saying everyone with a balcony would need to pay for it themselves. Then COVID hit and meetings were rare, if at all. My husband and I sold the condo May of 2021 and the day before closing, the association would not allow the closing to happen unless we paid $16,550 for the balcony, which was completed back in 2016. However, other owners that didn't have their balconies done yet were billed half. I'm still seething over this, but my husband says it'll cost us more out of pocket to get an attorney. The association is wrong! Never got a bill or told we'd be liable, until the new association took over. My husband had to sell his souped up Challenger due to the huge chunk it took out of our profit. Sorry for the long-winded comment...I'm still super bitter. 😂

[@1108cg]

My hoa approved plans for us to build a outdoor kitchen, the neighbors we hate complained due to there own insecurities and a year later after everything was built and done they chaged the CC&RS to reflect the neighbors complaint..now another year later we get a letter from the hoa lawyer saying if we don't remove it they will fine and levy our home. What can we done? Help! Again thr CC &RS we're not in violation and we're approved from the start

[@thurstoncountynewsnetwork2304]

Can the HOA fine homeowners for violation of rules via a neighbors complaint? Thank you in advance. (i.e. working on car no pics or proof of violation) ~ WA landlord

[@shawnbattle]

Thanks for the question, I think that every HOA or condo association will have different rules and regulations, so you would have to really look into the rules of your specific HOA. But I find it hard to believe that they could actually fine you based on hearsay. Keep us up-to-date and let us know how this progresses.

[@jimp9358]

Yes

[@Chicago_Clout]

Look at Crooked Creek HOA in Sarasota County. Massive lawsuits.

[@sigma2.093]

Never a good sign getting into an HOA when the name starts with the word "Crooked..."

[@LuzLopez-fl1qp]

I hate them fact that the courts charge $550.00 when I live on a disability income. Its unfair, its financially unaffordable for a personal in my circumstance. Its completely a disgrace. I need help with my HOA.

[@Rbar-s6q]

Did you ever get help?

[@SeedsAndStuff]

What was the service you requested?

[@LuzLopez-fl1qp]

@@SeedsAndStuff it didn't matter because it was to file each complaint at a $550.00 RATE..THATS a trip off a well as a "republicans move,"

[@LuzLopez-fl1qp]

@@Rbar-s6q not legally

[@SeedsAndStuff]

@@LuzLopez-fl1qp the type of service u requested does matter hence me asking the question. Navigating the legal system just so happens to be a thing. So again what service(s) did u request

[@justred5164]

I’ve been pay hoa fees via auto debit since 2009 and they saying I don’t!!!!

[@albacheung4104]

HOA fined me 4500 because HOA need to hire attorney to talk to me. Can they fine me because they want to use attorney talk to me?

[@malcomhorvath]

well check on the facts. I hear attorneys can lie,,,,, check the details against the contract _ is the hoa doing its duty per the contract

[@janicegloster984]

Probably not. The HOA has to pay an attorney itself. Check,out your HOA bylaws.

[@robertmitchell7959]

Title 15 USC 1692 These associations or corporation must have your consent as a consumer to speak with you!!! And can be sued for invasion of privacy! These associations are fictions and cant be injured.

[@BigFolks916]

I have a H.o.A that's stopping me from being a board member...there is election fraud...we have one board member out of 5....we have a manager that have taken over...I have something that will make case law....I'm being screwed big time....I have cameras on my home looking in my house...me and my family is on KZbin.....I need help....this is a serious situation.....your feed back on this would be great...thanks

[@shawnbattle]

FatherOf11 916 Sorry to hear that, good luck!

[@kamakauli]

I have had mine do the same thing because they want to keep the sheds and unpermited structures in our community

[@BigFolks916]

Wow...see that's crazy how they can do these things smh... that's why I need help

[@jimp9358]

Mine has had most of the same members for too long

[@rhythmsaint73]

I am currently renting in Nashville . Neighbor has complained and harassed us via our landlord since 2018 about me playing drums. I have sou d proofing and play respectful hours and not nearly to the extent this person is saying I have log of all my playing . footage, audio. finally police came last week and found I was NOT IN VIOLATION. I am now taking a suit against neighbor , HOA and property management for selective enforcement

[@dalewalker4614]

@Aaron kennedy how did that suit work out for you?

[@rhythmsaint73]

@@dalewalker4614 I got the city, the police and metro to see that I was in no way in breach of HOA agreement , my lease or violation of Ordinances all three were served and it was proven I was right on all counts . I won because I presented only truth and fact . However I will say to anyone who sees this it’s exhausting and there is a lot of avoidance and push back . You just be prepared to be organized and relentless .

[@JamesG1126]

Dude, you can't pound your drums in an HOA. Police don't enforce HOA rules. They enforce laws. Have some respect for your neighbors.

[@bonchidude]

They can fine if the noise is loud enough. @@JamesG1126

[@bayareacarnatic]

It sucks that Lenders are so much screwing owners by not lending. Majority of Americans live in condos with HOA. It fucks up the real estate business. The banks and freddie mae must be sued for this policy. What are the onwers supposed to do if there is litigation. should they foreclose? or should commit suicide.

[@nojo9684]

My HOA is fining me for this "Article 6.02 Maintenance. Each Owner shall keep and maintain each Lot and Structure owned by him, as well as all landscaping located thereon, in good conditions and repair, including, but not limited to (i) the repairing and painting (or other appropriate external care) of all Structures: (i) the seeding, watering and mowing of all lawns; and (i) the pruning and trimming of all trees, hedges and shrubbery so that the same are not obstructive of a view by motorists or pedestrians of street traffic and (iv) any and all fencing located within his Lot boundaries. To correct this violation: Please remove the flags from your windows." The flags in my window do not violate this rule in any way. And on top of that, we received the fine 11 days after it was given. They only let you civilly appeal within 10 days.

[@shawnbattle]

Sorry to hear this, did it just happen to you? Did you end up paying the fine? I didn’t see a mention of any flags in Article 6.02, are they going to change their rules to add “no flags”?

[@diannh2894]

So a way around this, is put more money down. I put 30k down as opposed to the usual 3 percent or whatever it is. That really helped out a lot. Just my experience

[@somethingoutdoors1412]

This is a condo infomercial. "I just saved your life" - Nicholas Cage - (Con Air)

[@Catmomma]

Too lazy to walk? Don't worry my husband dose the same for me due to health complications

[@TheTheratfarmer]

get to it. i want to sue this HOA for harrasment and threats.

[@jimp9358]

Yeah I want to counter sue against the board

[@taoli34]

Why is your HOA sued?

[@shawnbattle]

One lawsuit was over a handicapped parking space. The fact that there were none in the building as they are all owned by unit owners.

[@maryt1978]

Not staying on subject at all and the one guy is so sentimental but took the highest offer for his condo 😂

[@billgates3699]

You guys do not have the image that you think you have.

[@TheTheratfarmer]

no help for me.

[@TheTheratfarmer]

you have two minutes. to help me.

[@professormadlad7773]

I'm inti HOA

[@janicegloster984]

Your correct topic is - “How to Sell Your Condo That is Under a Lawsuit by the HOA” or “Be Sure That The Condo That You Want to Buy Is Not Under a Lawsuit by the HOA.”

[@dalewalker4614]

Better yet, " How I Split My Suit Pants, and I'm Not Even Embarrassed to Talk About It." What a waste of time.

[@Namo-xx1sz]

tbh it's pretty easy if there is a hoa? run away if there is a hoa AND he has or had been sued? run away even faster

[@marciocnn]

Bla bla bla