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lawsuit against HOA (1 Viewer)

Steeler

Steeler

Footballguy
Let's talk about a hypothetical situation - assume a small neighborhood in FL has an HOA that is sued by one of the homeowners and wins.  How would individual home owners who are not board members be affected?  Assume the HOA has insurance to cover lawsuits or whatever - under what conditions might the insurance not appy?

I realize this is a very broad hypothetical so if it can't be answered with this information, that's cool too.

 
Why would being a board member have anything to do about it? You're, essentially, suing the HOA which is each home owner that belongs to it, including yourself. Your HOA fees may increase, due to any payments from the lawsuit, even if you don't win but lawyer fees and such.

 
If you just tell the story, it's probably more likely that someone can give you advice. I doubt the HOA is going to find you under the handle "Steeler" on a magic football site. 

 
TheMagus said:
If you just tell the story, it's probably more likely that someone can give you advice. I doubt the HOA is going to find you under the handle "Steeler" on a magic football site. 
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They have already found him and silenced him.   Don't #### with the HOA.  

 
I am not suing or thinking of suing.  Also, I am not a board member and never have been.  The story is long and dumb and I don't want to get into any specifics.  If the question is unanswerable without specifics that's fine.

 
brohans when you are done with that one here is a question that has been bugging me if there is a lawsuit and people then what happens sorry i can not give you more facts take that to the bank bromigos 

 
bicycle_seat_sniffer said:
#### HOA's
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generally I'd agree but there are exceptions. 

We're in a HOA now, and while some of the rules aren't what I'd want (we can't have chickens for one, we have to have a specific mailbox for another), we get the benefit of a community pool, landscaping around the greenway entrances, and general neighborhood upkeep for $400 / year.  The pool alone is worth it to us. 

I can't imagine suing the HOA.  I can see arguing strongly to change the rules for something we want and is worth the hassle, though I don't know what that would be right now. 

 
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This is as short as I can make the story:  Homeowner A wants to remove the president because A think the HOA is open to "major damages" if the HOA is sued by a homeowner.  Something about unequal treatment of neighbors (not fining/sending letters to all neighbors equally for violations type stuff and nothing related to protected status like race or religion -- some of these fines/etc. are akin to harassment according to A) and "breaking the law" with regard to HOA meetings (I think regarding notifications to neighbors, how the meetings are run, etc).  A is gathering signatures to make this happen and feels this move will show any future courtroom (in the event the HOA is sued) the president was acting alone and without the support of the neighborhood. Without this move, A fears the insurance company won't cover any damages because of how poorly the HOA is being run by the current president and without the insurance coverage the individual neighbors would be responsible to pay the settlement.  I don't know if the insurance even covers "harassment" by the HOA and this whole thing seems way overblown to me.

 
This sounds like every HOA.

ETA: Refer to Seinfeld episodes "The Cadillac" parts 1&2

 
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Steeler said:
Read the insurance policy?
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Yes.  It's a contract that tells you what the insurance company's responsibilities are.  

You've essentially asked "you guys, I need to know whether my company rolls over my vacation days or not."

Read your contract.  It answers many questions.

 
When is the next election? Just voting the guy out ASAP seems like a much easier plan of action.

 
SaintsInDome2006 said:
Sounds like the board at Boca Del Vista.

However more seriously yes A is a jerk by the sound of it. 'A' the suing owner sounds like he is out for blood. I guess the point is that if he proves intentional acts or something in the realm of bad faith, or gross, extreme or willful negligence, then that blows the coverage. IMO this would then maybe mean that the president is on the hook not the HOA or its owners. However it's *also possible he could screw you all because it might be shown he acted intentionally *and still acted for the HOA so he is risking the HOA could both lose insurance coverage and yet still be on the hook. IMO if owner A is calling the shots maybe other owners should go get their own attorney to consult.
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Not sure you are reading his detail correctly. A isn't suing anyone, he's the guy that feels the president is putting the entire set of homeowners at risk of a future lawsuit due to the president's actions. I don't believe there are any open lawsuits based on Steeler's post. I wouldn't call A a jerk, probably overzealous in that he won't wait until the election. I agree with Steeler, he'd be better off rallying the troops for the election rather than trying to oust the president now. He'll probably tick more people off and then the president could get re-elected.

 
States have their own rules about HOAs and their potential liability (and the liability of individual board members, etc.) and I can't give you any legal advice, but as a general rule insurance policies don't cover intentional illegal acts.

 
stbugs said:
Not sure you are reading his detail correctly. A isn't suing anyone, he's the guy that feels the president is putting the entire set of homeowners at risk of a future lawsuit due to the president's actions. I don't believe there are any open lawsuits based on Steeler's post. I wouldn't call A a jerk, probably overzealous in that he won't wait until the election. I agree with Steeler, he'd be better off rallying the troops for the election rather than trying to oust the president now. He'll probably tick more people off and then the president could get re-elected.
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A quick question:  Has Homeowner "A" been the president or served on the HOA board.  It is really easy to complain about the job someone else is doing.

 
stbugs said:
Not sure you are reading his detail correctly. A isn't suing anyone, he's the guy that feels the president is putting the entire set of homeowners at risk of a future lawsuit due to the president's actions. I don't believe there are any open lawsuits based on Steeler's post. I wouldn't call A a jerk, probably overzealous in that he won't wait until the election. I agree with Steeler, he'd be better off rallying the troops for the election rather than trying to oust the president now. He'll probably tick more people off and then the president could get re-elected.
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Ok yeah you're right I misread the scenario.

 
In previous neighborhoods, "A" has served on several HOA boards including president.  "A" is relatively new to this neighborhood though - probably lived here about a year?

 
Henry Ford said:
but as a general rule insurance policies don't cover intentional illegal acts.
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Thanks Henry. We aren't talking about embezzlement or anything clearly illegal of that magnitude.  Unfair treatment of owners and improper notifications regarding HOA meetings doesn't seem to rise to the level of intentional illegal activity :shrug:

 
Only living there a year and he is already able to determine the president is out of line?  I think "A" needs to go to next board meeting and calmly state his concerns.  If he isn't happy then he should run for the board.   Petitioning neighbors to remove the president whom they voted for makes "A" a real jerk.

 
Steeler said:
Thanks Henry. We aren't talking about embezzlement or anything clearly illegal of that magnitude.  Unfair treatment of owners and improper notifications regarding HOA meetings doesn't seem to rise to the level of intentional illegal activity :shrug:
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But still may not be covered, depending on the policy.  

 
wow brohan reading that whole thing all i can really say is man people are so awesome these days i mean just flippin awesome if you have a sarcasm detector it should probably blow up right now take that to the bank brochacho

 
Henry Ford said:
Yes.  It's a contract that tells you what the insurance company's responsibilities are.  

You've essentially asked "you guys, I need to know whether my company rolls over my vacation days or not."

Read your contract.  It answers many questions.
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Oh man I've been wondering this for years!  Answer this one next please

 
I had a similar discussion with a friend of mine at lunch a couple weeks ago, involving a non-profit board he's on. Its not that he has a personal vendetta against the guy, hates him personally and wants him off the board or anything - its just that he's concerned for the members if this guy's actions lead to a lawsuit exposing everyone to liability.

 
What type of insurance does the HOA have in place? If it's just General Liability, there may be no coverage. They would need Directors & Officers or a fiduciary bond if you're worried about improprieties of the board.

 
I'm on the board of our neighborhood HOA.  If a homeowner sued the association it doesn't mean they are suing the individual members of the board, although I assume they could name specific people depending on the grievance.

 
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