HOAleader.com - Tip of the Week - January 8, 2016
Published: Fri, 01/08/16
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In the Thick of a Lawsuit with an HOA Owner, Think Twice Before Doing This
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In this week’s tip, we offer a suggestion to avoid torpedoing yourself in litigation.
The issue stems from a question from a reader who’s embroiled in litigation with the HOA over a drain pipe. In a new twist, the HOA is now alleging violations of pet rules, though the reader contends the board hasn’t consistently enforced pet rules in the past.
That said, our experts have a range of opinions on whether this board is wise to bring up the pet issue while litigation is ongoing.
“If this board has been evenly enforcing its rules, and they send notices to everybody in violation, and it just so happens this guys is violating the rules, that’s one thing,” says Howard. “We run into that all the time, where a client says, ‘Oh, guess what, we have something else we have to deal with this owner on.’ Otherwise, bringing this enforcement action is probably not a good idea. It’ll look like selective enforcement and retaliation. It won’t help you if you’re trying to settle with the owner, and it won’t help with the judge, either.”
That risk of alienating a judge is real, says Hal Kyles, a partner at Denver’s Orten Cavanagh & Holmes LLC, which represents more than 600 associations in Colorado. “With every judge I’m going to go in front of, there’s always the broader issue of equity,” he explains. “I may have the law on my side, but the judge is asking: What’s fair? Has this association been fair?
“The accusation that a board is retaliating will occasionally come up, and boards and communities run a high risk if they decided to pursue some collateral litigation or a lawsuit where there’s already a dispute going on,” says Kyles. “An assumption will be made that the board may be retaliating even though the board may have every right to pursue these claims. Most observers, including the judge, will make the assumption the board is retaliating.
“Part of it has to do with timing,” adds Kyles. “If I’m that association’s attorney and this is an action that can be delayed without compromising the association’s position, I might recommend we put off that issue until the first one is resolved.”
On the other hand, there’s a possibility you may be able to resolve an issue more quickly by bringing it up when you’re knee-deep in a dispute. Find out why in our new article: http://www.hoaleader.com/members/1308.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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If You're in a Lawsuit Against an HOA Owner, Is This a Good or Bad Idea?
An HOAleader.com reader asks: "I live in [Los Angeles], and I'm in the middle of a lawsuit with my HOA. (The suit is over a common area, shared, drain pipe.)
"I've been a condo owner in this building for 10 years. Recently the board sent me a letter stating I have to get rid of one of my dogs. I own two and have had them both since I purchased my unit. The three previous boards used to state, 'Our pet policy runs in accordance with the city,' which is three. The CC&Rs state, 'Only one dog or cat.' Other owners have two pets but haven't been sent this letter.
Click here to read full article:
http://www.hoaleader.com/members/Youre-in-Lawsuit-Against-HOA-Owner-This-Good-or-Bad-Idea.cfm
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Improve Your HOA Meetings: What You Need to Know about Robert's Rules and Other Parliamentary Procedures
Join us for an in-depth webinar on January 21 led by two community association professionals experienced in advising boards on improving their operations--both are lawyers, and they have a combined four decades of experience helping boards make better decisions.
You'll get a road map to help you decide what parliamentary procedures you should follow, and how to use them to improve relationships among board members and between board members and owners.
Click here to read full article:
http://www.hoaleader.com/products/improve-your-hoa-meetings-webinar-a.cfm
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Before Bidding Adieu to the Recession, Take These HOA Lessons
In this week's tip, we aim to start the new year by looking back.
The recession that began around 2008 hammered HOAs for years. Thankfully, the worst seems to be over, and each day looks brighter and brighter for today's HOAs.
Click here to read full article:
http://www.hoaleader.com/public/Before-Bidding-Adieu-Recession-Take-These-HOA-Lessons.cfm
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4 Lessons from the Fading Recession to Kick Off the New Year
The recession that began around 2008 hammered HOAs for years. Thankfully, the worst seems to be over, and each day looks brighter and brighter for today's HOAs.
That doesn't mean, however, we should put the recession behind us just yet. Before we do that, we should mull what that awful economic downturn has--or should have--taught us. Here our HOA experts do that, offering four lessons smart boards will remember going forward.
Click here to read full article:
http://www.hoaleader.com/members/4-Lessons-from-Fading-Recession-Kick-Off-New-Year.cfm
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Withholding HOA Dues: This Owner Sure Woke Up Her Board
A Michigan homeowner has been ordered to pay dues she was withholding from her association to protest the HOA board's failure to act on a number of community matters.
In this week's tip, we admit she was wrong but point out that she actually had a valid point.
Click here to read full article:
http://www.hoaleader.com/public/Withholding-HOA-Dues-This-Owner-Sure-Woke-Up-Her-Board.cfm
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