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Old 12-08-2012, 11:37 PM
Location: Denver, CO
9,142 posts, read 5,450,196 times
Reputation: 4020


Originally Posted by IC_deLight View Post
Now, now, perhaps you are getting a little paranoid with your suspicions.

As far as collecting a "dime", the amount owed is sizeable. The HOA and its board members have assets that can be taken. The plaintiffs will have no problem collecting every penny with interest. The HOA board is slowly starting to realize just how bad the advice provided to them by the HOA management company and the HOA attorney was. The management company and the HOA attorney are members of the CAI trade group of course. I'll let you know when the news story airs.

The OP should be wary about the trade group memberships of whatever attorney they consult with regarding their HOA issue.

See, e.g., Chapter 7 of The HOA Primer
Just as I thought, your case is on appeal, so it is still not settled. In addition, you havent stated what the REASONS were for the lawsuit. If your Board acted improperly as I described time and again in previous posts, they deserve to lose.

And my education includes a B.A., paralegal studies, and additional studies in health administration. My work with insurance compliance threw me in contact with hundreds of attorneys over the years.

And what YOU have failed to do---is show how much CHEAPER it is to sue. You have failed to show even ONE successful lawsuit by a homeowner who collected MILLIONS for the misdeeds done to them. And the final proof of your legal ignorance is that virtually every lawyer, EVERY lawyer will tell you when there is ambiguity involved in a case, it is a crap shoot going into court.

Your still angry and frustrated because you still have not finalized your situation. You do not want people to get their particular problem solved, you want lawsuits. So as much as you chide me over helping attorneys make money (by advising them NOT to sue except as a last resort), you recommend they hire attorneys and go for the juglar. It's just plain stupid.

I no longer live in an HOA community and I no longer work for an HOA management company. I no longer have issues with contractors, builders, or Boards of Directors. And I didn't even have a 401k with HOA management company I worked for. I dont have any vested interest. YOU DO! So folks mull that over when reading our posts. IC has a vested interest in recommending idiotic and potentially costly lawsuits to assuage his anger. I don't care one way or another, except it is disappointing to know there will always be a few who will be misled by an extremist of some sort--- and pay the price for doing so.
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Old 12-18-2012, 07:45 PM
2 posts, read 2,459 times
Reputation: 10
Yes we are an HOA, consists of three buildings, townhomes 1 - 8 are in building A, townhomes 9-12 are in building B and the third building is a clubhouse. I refer to each townhome as a unit, not sure how else to.

We do have the Bylaws and Covenants, but some just don't seem to think they apply if they don't fit their purpose. The original board did not "step down" because a meeting is required to remove an Executive Board member, so the homeowner decided to start their own board and call it official. For some reason the homeowners that have followed her just don't seem to understand the Bylaws they just listed to the mis-information and because I don't speak spanish I am lying.
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Old 12-19-2012, 05:11 PM
Location: Denver, CO
9,142 posts, read 5,450,196 times
Reputation: 4020
Default oh, lordy

In addition to explaining sometimes convoluted covenants and restrictions, you have a language barrier. You are definitely not going to get anywhere without a real estate attorney knowledgeable in HOA law--and either bi-lingual or having a bi-lingual legal assistant in his office.

I do not envy the tough task you face.

And, if you've read some of the previous post from the HOA hater and myself, just be aware of this---if he has had a successful lawsuit against an HOA, HE used an HOA knowledgeable attorney, and they work both sides of the fence, sometimes for homeowners, sometimes for HOAs. So while decrying the ones I quoted in numerous posts, he has one on his payroll--even if that payroll will be one-third of any money damages awarded.

You need a good attorney, wherever you have to go to find one.

Best of luck to you.
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Old 01-23-2013, 09:15 AM
1 posts, read 769 times
Reputation: 11
all you need is a majority vote of the homeowners.........thats it while your at it replace the mgmnt company too...there all in bed togeather. Remember to hire an attorney is costly, and the hoa will be fighting with your money.
Good luck
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