One homeowner's nightmare may cost residents in an HOA community a significant sum
of money for an HOA attorney and law firm to fight.
HOA homeowners need to know that the legal fee meter seems to constantly run. The HOA attorneys and the HOA law firm that are retained through a property management company may bill on an hourly basis. The more an HOA Board and property management company push a matter and pursue a homeowner, especially in a case where a vaguely and/ or poorly worded violation notice and/ or document is involved, the more other HOA homeowners in a community may find themselves bankrolling their HOA attorneys and HOA law firm in increased quarterly dues and assessments.
An HOA conflict might be costing all HOA homeowners thousands of dollars in legal counsel fees before it ends up on a docket. This is a wake-up call to every HOA resident to demand answers now from their HOA and management company. Investigate costs. Ask questions. Demand answers.
One homeowner posted questions concerning the legal fees and framework of HOA attorneys on NextDoor to solicit responses from neighbors. Unsurprisingly, with what appears to be a practice of Cancel Culture and a possible unconstitutional violation of First Amendment rights, the homeowner's post was muted and then deleted. It was reposted in a similar post to find that it was muted to appear as if no one had viewed it and/ or seemed interested in such a discussion.
This, the homeowner knew, was furthest from the truth. How can anyone of the hundreds of homeowners not care about what they are paying now and over the last few years in HOA legal fees? The HOA Covenants, which remained unaltered for more than 30 years, were revised and published in 2019 in the community. This revision, according to other homeowners, seemed to correlate with a rise in legal pursuits and legal fees among homeowners. A Board member recently communicated that there was a surge in threats of legal action against the HOA and also stated that a lot of community funds were used to cover these legal fees.
Accountability and transparency are imperative. It should, therefore, prompt every homeowner to not remain idle in the wake of a fellow resident's battle with their HOA but to pressure the Board and management company to seek a quick, just, reasonable, fair, and amicable resolution to avoid escalation.
Who wants to buy into a community where there are steep and/ or escalating quarterly fees and assessments attributed to rising legal fees? No one.
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