You Sued Your HOA, Should You Settle?

Suing your HOA is a difficult, stressful and expensive. However, there are times when it's necessary. HOA's and MC's have made it clear; they do not want to sit down at a table and talk. Since MC's are unregulated and unlicensed they know they can get away with virtually anything. Boards claim they are volunteers and don't understand the laws, yet many of them of PhD's. They play both the-dumb-and-dumber-and-volunteer card when necessary.

Recently I was contacted by a man who was intimidated by the MC's Community Manager when that CM threatened to involve the legal counsel requiring him to remove a security camera. Imagine that? The HOA wants cameras at it's community area and pool and will not allow this man to have a virtually hidden security camera on his own home. They didn't get the camera approved by the community and want to protect it, so what's with a Member not being allowed to protect himself? What are these boards thinking? And then further to threaten it's member!!! The board is a bully! It's nothing more than a power grab.

When you are right, don't settle and refuse arbitration. Here's why: 1) arbitrators are chosen by Management Companies and HOA attorneys. Their pocketbook is filled ONLY when those two continue to refer disputes to them. As an individual you don't have an opportunity to refer to them. Arbitrators will side with the boards ... a big expense to you. HOA attorneys and Management Companies are well connected to those they need to hustle on their side. 2) Settlement agreements are rarely followed. The minute you settle that bad board is back to doing the same thing. You have to enforce them in court and that's not a pleasant thing to do. A settlement agreement does not mean that a bad board will change their ways. In the meantime, the board and management company continues to gather as much information as they can against the alleged troublemaker. What's worse Settlement Agreements are gag ordered and the public never gets to read them. That allows the HOA Industry, unregulated and unlicensed Management Companies and Bad Boards to continue with abusive tactics.

When you are right, take the case right thru the court system and ask for a jury trial. That's what wakes up your board and HOA Industry.

Better yet, avoid these conflicts of interest by simply living smart, live independent of an HOA. Don't give up control of your life and your property to bullies and idiots.

If you have suffered HOA abuse, contact HOATruth.com. Dennis Legere is the principal advocate. Or you can reach me at EarsUp@iCloud.com. Full disclosure, neither are attorneys. We do this bc we don't like bullies. FREE.