Choose an Expert

Choose an Expert

Fast, affordable, 1-on-1 assistance

As low as $19
Fast, affordable, 1-on-1 assistance
Lawyer

Ask your own question to a Lawyer online now

As low as $19

Lawyers

My HOA is telling me that as a non-profit...

Resolved • Response time 8 minutes

21 Oct 2021

My HOA is telling me that as a non-profit they can't sue a homeowner for violating the CC&Rs, that they are the representation of the homeowners and would be essentially 'suing themselves". It was my understanding that they can sue a homeowner, as in my case for noise harassment (for 3 years) and threatening behaviour. Am I correct that the HOA can sue a homeowner in such a case?Also, if the HOA has a mediation agreement with the offending homeowner and the offending homeowner has been told by the HOA lawyer that they are in violation of this agreement, can the HOA sue the homeowner for breach of contract?If the HOA chooses not to sue the in-violation homeowner and chooses just to fine them instead (which is going back to step one in their resolution process), can I sue the HOA for negligence?
Read Less

21 Oct 2021

Ask your own question
Lawyer's response
21 Oct 2021
Barrister
Barrister
Attorney/Landlord/Realtor

Hello again,

.

That is complete nonsense.. Their nonprofit status has nothing to do with being able to sue or not. There are 3 entities who can sue to enforce CCRs in a neighborhood... the developer, the HOA, or any owner.

.

So if they don't want to sue... it is because they don't want to sue.. .not because they are legally prohibited somehow.

.

Also, if the HOA has a mediation agreement with the offending homeowner and the offending homeowner has been told by the HOA lawyer that they are in violation of this agreement, can the HOA sue the homeowner for breach of contract?
.

Yes.

.

If the HOA chooses not to sue the in-violation homeowner and chooses just to fine them instead (which is going back to step one in their resolution process), can I sue the HOA for negligence?

.

Probably not, because it is up to the HOA as the governing body to decide what penalty to impose on a homeowner for violations if they are granted that authority in the Bylaws. But if the Bylaws say that is a homeowner does X, the penalty is Y... And the HOA decides not to impose Y, but rather Z, then you could sue them if they don't have the discretion to do that.

.

.

thanks

Barrister

21 Oct 2021
Customer reply
21 Oct 2021
Ok thanks. Is there a period of time that it is considered a failure on the HOA's part if their process does not resolve the issue? How long do I wait for the HOA's process to work? They've delayed their process for months and failed to properly follow up, so that it's been 3 years and their plan to impose fines may not work, or possibly take another year. Do I have any traction filing a complaint through HUD/DFEH and the new complaint law that passed in 2020 which reads: "Failure to Investigate. If a board fails to investigate and take appropriate action when it "knew or should have known" of the harassment or the person experiencing harassment is not satisfied with the board's action, the person can file a complaint with the U.S. Department of Housing and Urban Development (HUD). The person can also file a complaint if they are not satisfied with the association’s investigation or the result of the investigation. Once a complaint is lodged with HUD, it is referred to California's Department of Fair Employment and Housing (DFEH) for investigation and possible action. "?
21 Oct 2021
Lawyer's response
21 Oct 2021
Barrister
Barrister
Attorney/Landlord/Realtor

Not really.. it takes as long as it takes... there are not set in stone deadlines unless they Bylaws set them.

.

But if the HOA is intentionally dragging its heels, you are free to sue the HOA for breach of contract for failing to enforce the Bylaws or CCRs.. They have that obligation and if you sue, most Bylaws state that the winner gets their legal costs from the loser.

.

As for a HUD complaint, you could file a complaint at any time you want, regardless of how much time has passed.

.

.

thanks

Barrister

21 Oct 2021
Customer reply
21 Oct 2021
Thanks so much! I'm guessing it's hard to prove intentionality. Would ignored complaints from a homeowner for 6-8 months be considered intentional?
21 Oct 2021
Lawyer's response
21 Oct 2021
Barrister
Barrister
Attorney/Landlord/Realtor

With Covid going on, everything takes 5 times as long as it typically does.. So there is no way for me to guess intent here..

21 Oct 2021
Customer reply
21 Oct 2021
Ok. This was pre-COVID as well. Thanks for your help.
21 Oct 2021
Lawyer's response
21 Oct 2021
Barrister
Barrister
Attorney/Landlord/Realtor

Then it sounds like you have a legitimate ax to grind here...

Was there anything else I can help with?

21 Oct 2021
Customer reply
21 Oct 2021
Not at the moment. Thanks Barrister!
21 Oct 2021
Lawyer's response
21 Oct 2021
Barrister
Barrister

You are very welcome. Glad I could help.

.

.

Have a great afternoon and be safe!

Barrister

Customer rating:
Barrister
Barrister
Attorney/Landlord/Realtor
Avg. question only $36
21 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 29 yrs
21 Oct 2021
Your question matters. Barrister and 5 other Lawyers are ready to help. Ask your own question

Ask your own question to a Lawyer online now

  • 100% money-back guarantee
  • Prices start as low as $19
  • Join 8.5 million satisfied customers
Conversations are covered by our Disclaimer.