hoa lawyer dave russell who wins in a lawsuit

What is the biggest win ever in an HOA lawsuit?

The homeowners accused their HOA to have allegedly collected HOA fees improperly from them. However, on November 2, 2017, Wayne Durden, a Polk County, Florida, Circuit Judge ruled the case in favor of the homeowners and awarded them $34.8 million which is the biggest win ever in any HOA lawsuit ever.

Why are there so few lawsuits filed against HOAs?

For all the lawsuits filed against HOAs, very few make it inside of a courtroom. That’s because litigation is wildly unpredictable in terms of time and costs, and most people don’t want to spend too much of either on a case they may not win.

How much does it cost to resolve a Hoa dispute?

And, because finding a resolution can take years, your legal costs can exceed $30,000. As you’ll see in some of the personal stories below, legal costs can well exceed $100,000, particularly if your HOA prevails and is awarded their attorney fees by a judge. By the way, don’t expect an attorney to take your case on contingency.

Are there any allegations of corruption in Hoa communities?

Well-founded allegations of self-dealing, unfair cost-shifting, and corruption are the norm in HOA-ville, not the exception. The Orchard is a 93-home common interest community in Coachella Valley, California.

What to expect from HOA litigation?

Litigation involves a great deal of your time and effort, and the information gathering process can seem invasive. You will be expected to provide documentation of your complaint or facts in your defense.

Who sued his neighbor for barking dogs?

Neil Brooks, a medically disabled man from Colorado, sued both his neighbor and his HOA after one full year of unsuccessful attempts to resolve a disputed nuisance caused by his neighbor’s barking dogs.

Why does a lawsuit end a marriage?

Some people report that a prolonged lawsuit has led to the end of their marriage, because one partner wants to give up and settle, while the other partner wants to hang tough and fight for justice. You get the Silent Treatment. Once litigation begins, your HOA Board and Manager will become less transparent.

Where is Donna Simpson?

Donna Simpson, a homeowner in Poinciana, Florida, one of the largest HOAs in the U.S. The large scale community spans portions of Osceola and Polk Counties, and is home to more than 52,000 residents. The Association is made up of 9 individual Village Boards under the Master Board (Association of Poinciana Villages, or APV).

What is the pattern of association abuse?

That pattern is that the association digs in their heels and does everything in their power to shift blame to the victim (s) of their abuse. The association must never admit fault, as it might undermine their credibility and authority.

How long does it take to get a civil lawsuit?

The Civil Litigation process is anything by Civil. It is fraught with endless motions, counter-suits, depositions, and a long and invasive discovery process. Expect the process to take at least 2 – 4 years.

Can a HOA board blame you?

Your HOA board may openly blame you for creating the problem and saddling the Association with unnecessary legal expenses. You find out who your real friends are. In the early stages of a dispute, you’re likely to have several friends and allies. But once the lawsuit is filed, many will shy away from you.

Resume

Thank you Mr. Russell. I was afraid those guys on TV were going to take advantage of me and my deceased husband. I truly appreciate your staff and updates. With the settlement, my daughter will not have to worry about college. Its so worth it to go to a private firm for this tragic accident my husband had!

Honest-Fair-Reasonable

Thank you Mr. Russell. I was afraid those guys on TV were going to take advantage of me and my deceased husband. I truly appreciate your staff and updates. With the settlement, my daughter will not have to worry about college. Its so worth it to go to a private firm for this tragic accident my husband had!

Can HOA be Sued?

Yes, homeowners have the legal right to sue HOA at any point in time. This is because they are legally approved residents of the HOA, and they happen to be financial members of the HOA as well.

Can HOA Lose a Lawsuit?

Certainly yes, an HOA can lose a lawsuit outrightly on certain grounds. There is no law that states or gives an HOA the right or privilege to have victory in court over any form of a lawsuit brought up against them.

What Happens When an HOA Loses a Lawsuit?

When an HOA loses a lawsuit, certain things come to play at this point. It is clear that when either someone or an organization is not happy with the judgment of a lower court, they have the right to file an appeal in a higher court if there is any room for them to do so.

HOA Lawsuit Settlement Amounts

Different cases call for different settlements. There have been various instances where an HOA has been seen settling huge sums of money as a result of their acts when they are found guilty.

Class Action Lawsuit Against HOA

Class action lawsuits are types of lawsuits anyone in conjunction with other groups of people going through similar issues like him/her can decide to file against an HOA for diverse reasons.

How Do I Start an HOA Class Action Lawsuit?

The process to follow to start a class-action lawsuit against an HOA are:

Final Thoughts

Being a member of an HOA can be tasking as many issues must arise when people of different classes, backgrounds, religions, ideologies, and educational statuses stay or live in a secluded environment. Issues are inevitable and unavoidable.

How many members of the Orchard HOA voted for short term rentals?

Only 62% of HOA members voted in favor of restricting short-term rentals. However, since 91% of members participated in the vote (and only 9% did not vote at all), The Orchard’s HOA board chose to ask a California court to override the what they saw as an onerous and impossible 67% voting requirement.

Who appealed the rental restriction amendment?

The court agreed to allow the rental restriction amendment to pass. The minority group of homeowners who have been actively pursuing vacation rentals appealed the decision, which was upheld in Appellate Court.

What happened to the mother of a 6-year-old boy who drowned in a community pool?

The mother of a 6-year old boy who drowned in a community pool says that the swimming pool was overcrowded, and that the life guards were not paying attention when her son needed help. The family of the deceased child is suing a teenage life guard, the HOA, and undisclosed third party, seeking $1 million. Source:

Who controls Bear's Club?

Bear’s Club is currently controlled by its 25 founding members, including Jack Nicklaus. The HOA legal saga is gaining some national attention, mainly because of the celebrities involved. But don’t be deceived by HOA-industry claims that what’s happening at Bear’s Club is uncommon.

Did the HOA notice the homeowners of the violation of their covenants?

When the HOA notified them of the violation of their covenants, the homeowners sued. But a local paper reports that they also wrote a number nasty letters, and painted derogatory messages on their house. Well, now that lawsuit has been settled out of court.

What can a lawyer do for a HOA?

An HOA lawyer can also help with making changes to the governing documents to modify everything from architectural guidelines to increase the number of board members. Amending the HOA governing documents is no small act. The process can take some time and a great deal of work.

Why is a HOA attorney important?

Why an HOA Attorney Is So Important. Any organization, whether for profit or not, can benefit from the aid of an attorney. That’s why so many companies have attorneys on retainer or even hire their own corporate counsel. Attorneys protect organizations, that’s just the way it is. And a homeowners association is no different.

What does a HOA attorney do?

An HOA attorney can serve as general legal counsel when it comes to management concerns , such as disputes or accusations of discriminatory behavior.

What happens if a HOA board is not upholding its responsibilities?

If a board is found to not be upholding these responsibilities or acting neglectfully, homeowners within the association may take legal action. The board of directors would then need legal representation, and in many cases, a lawyer they have already retained will be able to assist.

What do HOAs do?

Most HOA boards do everything they can to collect delinquent dues, including imposing late fees and even revoking privileges. If the board chooses to take further action, such as file a lawsuit or place a lien on the property, it will need the help of HOA attorneys.

What is important to know about having an attorney?

Just as important as having an attorney, though, is finding the right one. Make sure to look at credentials, testimonies, and expertise when evaluating prospects. Beyond that, ensure that the attorney you ultimately select shares the same ideals as your association and works well with your board.

Is real estate the same as HOA?

However, real estate law pertains to homeownership and disputes, not necessarily the same matters an HOA deals with. HOA governing documents function more as contracts. As such, an attorney who specializes in business or contractual law is a better option for matters involving governing documents.

What is the benefit of purchasing a home subject to a HOA agreement?

Maintenance: Another plus of purchasing a home subject to an HOA agreement is that the HOA has a duty to maintain the common areas of the community, as well as ensure that all homeowners are following the agreed upon rules.

What is a HOA?

The HOA is the private association that responsible for managing, and selling homes and lots in a planned subdivision.

How does a HOA work?

Typically, HOA collects fees either monthly or annually from residents, and uses those fees for the upkeep of the community common areas, as well as other shared structures. Additionally, HOAs have the power to enforce HOA rules, which are known as covenants, conditions, and restrictions (“CC&Rs”).

What are some examples of HOA conditions?

For example, a common HOA condition would be to maintain the landscaping of your home by mowing your lawn, weeding, and keeping trees and bushes trimmed, etc.. If the homeowner is noncompliant with the HOA rules, then an HOA may fine them or take them to court.

What are some examples of restrictions and rules placed on HOAs?

Examples of restrictions and rules placed on HOAs include, but are not limited to the following: Discrimination: Persons who are seeking to obtain a mortgage, rent or buy a home, seeking housing assistance, or engaging in other house-related activities are protected under the “Fair Housing Act.”.

What is exterior HOA?

The exterior appearance of a home or unit, such as what color the exterior is painted, what shutters or coverings are allowed, or where and how tall the fences are. Other exterior attachments or fixtures that may be regulated by an HOA include tire swings, satellite dishes, yard decor, or flags;

Do HOAs have power over homeowners?

Although it may seem like HOAs have an unbalanced amount of power and authority over homeowners, HOAs must adhere to all local and federal laws, as well as their own agreement. Local and federal laws were enacted to restrict HOAs in the amount of power and authority they have over homeowners.

How to stop a board from doing something?

Sometimes owners try to stop a board from doing something by starting a lawsuit. This frequently involves capital expenditures or additional services that the board wants for the association, but the owners don’t want to pay for it.

Can an owner sue a company for a violation of a rule?

An owner may pursue a lawsuit if they believe they’ve been wrongly accused of breaking a rule or don’t believe the fine that was issued is fair. Sometimes, the dispute is about attorneys’ fees or late charges.

Can a HOA board member be sued?

HOA board members can be sued personally, but only within specific parameters. These types of lawsuits are rarely successful, so don’t panic if someone in your community brings a lawsuit against you. This happens more often than you might think, and, the association should have insurance (Directors and Officers liability insurance, or D&O liability insurance for short) for these types of claims.

Can a HOA lawsuit go to court?

HOA lawsuits are not uncommon. Different owners have different views and values, and sometimes, they don’t always align with those held by the board and association. Other times, an honest mistake or accident may lead to a lawsuit being filed against the association. The good news is that most lawsuits do not go before a judge.

What did Opotowsky say about the 1980s?

Opotowsky also ends with a caution. "I had one case in the 1980s that involved a very obese person who picked the hours of 2-4 a.m. to pace in the bedroom," he recalls. "Trust me, this wasn't new construction; it was a converted apartment, and it wasn't really soundproofed.

Do associations have done anything wrong?

In most, but not all cases, yes . "Sometimes associations haven 't done anything wrong," says Stivelman. "Sometimes things are unclear, like the governing documents may be unclear as to who's responsible. The association may not have known how to proceed and didn't come to their lawyer for advice.

Overview

Industry

Organizations

Quotes

Premise

Content

Causes

Results

Criticisms

Cost

• You might go broke. The legal process can be very costly. Attorneys can quickly burn through a $10,000 $20,000 retainer. And, because finding a resolution can take years, your legal costs can exceed $30,000. As youll see in some of the personal stories below, legal costs can well exceed $100,000, particularly if your HOA prevails and is awarded th...

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Effects

Risks

Analysis

Advantages

Qualification

Impact

Controversy

Facts

Retirement

Can Hoa Be Sued?

Can Hoa Lose A Lawsuit?

• Certainly yes, an HOA can lose a lawsuit outrightly on certain grounds. There is no law that states or gives an HOA the right or privilege to have victory in court over any form of a lawsuit brought up against them. Every court has its processes and procedures that must be taken into cognizance whenever a lawsuit comes against them and such must be...

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What Happens When An Hoa Loses A Lawsuit?

Hoa Lawsuit Settlement Amounts

Class Action Lawsuit Against Hoa

How Do I Start An Hoa Class Action Lawsuit?

Final Thoughts