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-   -   Sue HOA when home value declines (https://www.diybanter.com/home-repair/261715-re-sue-hoa-when-home-value-declines.html)

retired53 October 1st 08 06:29 PM

Sue HOA when home value declines
 

"HeyBub" wrote in message
m...
"[LONGMONT, Colo] A Longmont couple has turned the legal tables on their
homeowners' association - suing it not for being too overbearing with
rules enforcement but for being too lax. [Plaintiffs] complain in their
suit that houses around them feature architectural inconsistencies, lawns
are choked with weeds and construction projects are allowed to go on
longer than the association covenants allow."

http://www.dailycamera.com/news/2008...cried-too-lax/

How much money could a HOA have? Shouldn't any money it has go back into the
neighborhood?

I lived in a Neighborhood Association (NA) and a good President can make a
difference but it never occured to me to sue them.



Norminn October 1st 08 06:45 PM

Sue HOA when home value declines
 
retired53 wrote:

"HeyBub" wrote in message
om...


"[LONGMONT, Colo] A Longmont couple has turned the legal tables on their
homeowners' association - suing it not for being too overbearing with
rules enforcement but for being too lax. [Plaintiffs] complain in their
suit that houses around them feature architectural inconsistencies, lawns
are choked with weeds and construction projects are allowed to go on
longer than the association covenants allow."

http://www.dailycamera.com/news/2008...cried-too-lax/



How much money could a HOA have? Shouldn't any money it has go back into the
neighborhood?

I lived in a Neighborhood Association (NA) and a good President can make a
difference but it never occured to me to sue them.




In Florida, there is insurance for board members of condo assns. Unless
the condo statute has changed,
a board member could be held personally liable for not performing
fiduciary duties. Of course, in Florida,
some condo disputes have been settled with guns. A reasonable
responsible board member would not
put him/herself in position to be sued for neglecting maintenance. One
would still have to battle those,
and there are many, who don't want to pay for maintenance.

Robert Neville October 5th 08 03:47 PM

Sue HOA when home value declines
 

"retired53" [email protected] wrote:

How much money could a HOA have? Shouldn't any money it has go back into the
neighborhood?


Furthermore, most HOAs have provisions in their bylaws that state that any
lawsuits against the board or officers will be the financial responsibility of
the property owners.


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