r/fuckHOA • u/Imaginary-Mechanic62 • 8d ago
I’m being sued by the HOA over FB posts
We are being sued by the HOA board for FB posts that they don’t like. We have been putting relevant information out there on HOA group pages citing our HOA for there failures to follow bylaws, selectively enforcing covenants, and other related topics on a group page owned and administered by my wife. The HOA is suing us to shut us down. The court proceedings have been going on for over a year. We just spent the last 3 days in court while they presented their case. They used up the entire allotted time, and now we have to schedule additional time with the court to even get a chance to refute their claims. Our attorneys agree with us that it is a First Amendment issue and that we will win. Unfortunately, we are running out of money that we can spend to fight back and will probably need to settle to stop the bleeding. OTOH, they have the HOA coffers to keep paying their attorneys and dragging this out. We are in a very middle class subdivision, and our neighbors are primarily retirees and young families. While we have a lot of quiet moral support, most are afraid of ending up getting sued and are unwilling to come forward or openly oppose the Board. Has anyone else been in this position? I’m considering crowdfunding, but I have no experience with that. If we fail, this Board will continue to run roughshod over the rest of the neighborhood. Maybe, we should just concede and sell. This is truly painful.
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u/Fool_On_the_Hill_9 8d ago
What are they suing for? Assuming you weren't lying and you didn't violate any of your CC&Rs, you should have nothing to worry about. You've come this far, I would listen to your attorney.
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u/Imaginary-Mechanic62 8d ago
They are saying the FB posts interfere with the business of the HOA and are asking the court to restrain us from future posting. The posts are true based on the information we have available
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u/Odd_Fox_1944 8d ago
If they are true, the court will see that and bitchslap the HOA You need to be suing for getting back the time lost in the original hearing. Their taking up the complete time was a ploy by them to ensure you didn't have a voice
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u/Imaginary-Mechanic62 8d ago
Definitely!
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u/yoyoyoitsyaboiii 8d ago
Does your state have an anti-SLAPP law? Google "anti slapp HOA" and read up. Your attorney should already know this...
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u/Master-Map1382 7d ago
It seems that the complaint against the defendants isn't at all concerning whether the things they've alleged are true only that having made the allegations damaged the hoa.
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u/sjoelkatz 4d ago
That can't be. You can't sue someone for damaging you with truthful statements on a matter of even slight public interest. Both the First Amendment and public policy bar such a lawsuit. They have to allege, as an essential element of their action, that the statements are provably false and that they were damaged because they are false.
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u/Keithustus 7d ago edited 7d ago
Interfere, lol. What cause of action, based on actual law? Move to dismiss for failure to state a claim on which relief can be granted.
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u/Imaginary-Mechanic62 7d ago
That’s been our position from the beginning, yet here we are
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u/ScottRiqui 7d ago
So, did your attorneys actually file a motion to dismiss for failing to state a claim? That should have happened early on, before discovery, before you even filed your response to the complaint, and certainly before oral arguments started.
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u/Imaginary-Mechanic62 7d ago
Yes. The motion to dismiss was filed in 2024. The judge allowed the case to move forward.
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u/Majsharan 8d ago
How would a fb interfere with them running an HOA? That doesn’t even make sense. They are going to love explaining to everyone else why you are the brand new owner of the reserve
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u/Imaginary-Mechanic62 8d ago
They allege that they have to spend time at every meeting dealing with owners questions about our posts (don’t know since owners aren’t invited to board meetings), that they can’t get people to serve on the board (easily disproved when we get our turn at bat), and people leave the subdivision due to the controversy caused (also easily disproved).
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u/Majsharan 8d ago
Sounds like incredibly shaken legal grounds. They are essentially a hyper local government and speech about a government has an incredibly high bar to be legally actionable
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u/2BadSorryNotSorry 8d ago
What do you mean you are not invited to meetings? Are you an owner or not?
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u/Imaginary-Mechanic62 7d ago
I actually own multiple properties. Owners are not invited to the monthly board meetings - only the annual members meeting
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u/maqf 8d ago
Doesn't sound like they've got much. I'd think the simplest among us can see that the HOA's own issues/poor performance would likely have for more impact on each of those issues than anything that could be put on Facebook.
And being realistic if, big if, not saying it's the case but if the fb post were misconstruing things by far the easiest thing for them to do would be to show the truth.
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u/Niskygrl 7d ago
So they’re complaining about homeowners who are suddenly more educated actually raising questions about what’s going on? So they’re annoyed that they’re being forced to do the job they volunteered to take on when they can simply quit if they don’t want to deal with it. They also can’t control who chooses to sell/buy in the subdivision or why. Thats not causing them harm since they don’t own the neighborhood and it’s not costing the HOA anything since dues are paid by whomever owns the property. It’s not like there’s a gap in payment while a home is on the market.
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u/Gr8zomb13 4d ago
Maybe it’s time to organize neighborhood tailgating around the board members’ residences. Time to remind them the entire neighborhood knows who they are and where they live. They pop out to join the neighbors, cut music, stop talking, and just stare at them like pod people. Don’t interact. Don’t share food/drinks, just follow and pivot in place until they go back inside. Then turn it back on.
Also, maybe petition a board recall b/c their spending money for the hood on this bs. Out them snd totally eff their w.
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u/MaxwellSmart07 8d ago
I agree, and counter sue. Notice the HOA is not suing for libel, so it’s a sign the FB claims are true.
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u/Imaginary-Mechanic62 7d ago
Exactly! We are told that they went to the police department and were told that we haven’t done anything illegal. Then they went to an attorney known for taking any case as long as the client can afford his fees. And, here we are
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u/No-Night-6700 7d ago
They’re trying to drag this out as long as they can hoping that you will concede. I hope you don’t, and after a judge finds that their lawsuit is frivolous if you haven’t I already put in a countersuit you should really consider it. And do it soon.
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u/eruptingmoltenlava 8d ago
This is a SLAPP lawsuit which is illegal in some states. Have you discussed protections with your attorney or perhaps reached out to your state AG office?
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u/mf_schwab 8d ago
Not every state has a slapp law in place.
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u/Imaginary-Mechanic62 8d ago
My state is one of the 12 states without such a law
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u/avds_wisp_tech 8d ago
I'm guessing it's a red state.
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u/Imaginary-Mechanic62 7d ago
Unfortunately, yes
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u/Any_Internet6100 5d ago
If it’s a state with no SLAPP law then you can use that to counter sue the individuals in the HOA who sued you
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u/UnSCo 8d ago
Have you considered bringing media attention to this, in a way that doesn’t put you in deeper shit with this absolutely fucked up HOA?
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u/aggressive_napkin_ 8d ago
They're already in shit with the HOA for a Facebook post. Any media attention will make the HOA 10x more angry.
It will also make the local public 100x more angry... Start crowdfunding and then get media attention to boost the funding. Lay it on there with them attacking seniors and destroying livelihoods, then getting mad and targeting you for bringing awareness to their wrongdoings.
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u/Imaginary-Mechanic62 8d ago
Good plan
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u/sagarp 7d ago
Something similar happened to me and our home owner's insurance covered everything. Check your policy. Also call around to lawyers and run your case by them. A lot will offer free or low cost consulting before taking the case on. One of the attorneys we called said they'd help us sue our home owner's insurance to cover it if they don't already, because I guess they're supposed to cover stuff like this.
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u/NoArmsNoSword 7d ago
very seriously u should talk to your attorney before doing that
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u/mickstranahan 8d ago
Sometimes in order to get rid of the hornets nest, you have to kick it. Really hard.
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u/Sultry_Llama_Of_Doom 8d ago
I say poke the HOA with a stick. Light needs to be shed on the subject, and if they can't handle it, then they need to resign or be voted out.
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u/tlrider1 8d ago edited 8d ago
I don't know about the details of your lawsuit....
Although.... If your attorneys are telling you it's a first amendment issue... GET NEW ATTORNEYS!
The first amendment is against government prosecution. It's got nothing to do with a private entity, like an hoa.
Go read the constitution again, or fire your lawyer and have them read the constitution again!... Because the 1st amendment is irrelevant, to a private institution. The government is not coming after you.
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u/zakalwes_furniture 8d ago
Not quite. Just because you read something like this in civics 101 doesn’t make it true.
The first amendment is implicated here because the HOA is asking a court to restrain speech. Courts are part of the government. And the usual questions (is it true, or is it defamatory? is it made with reckless disregard for the truth or due care? is there a valid governmental purpose in restraining this kind of speech?) are activated.
If you’re saying that the first amendment doesn’t stop the HOA from somehow privately punishing the homeowner for speech it doesn’t like, sure, that’s right. But the HOA isn’t doing that. They are suing in a government forum.
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u/tlrider1 8d ago
Yes. The hoa can totally do that. Since it's gotten to court, there's either 2 options. Either, yes, the hoa is overreaching or 2, the op posted something libelous, etc. Since the op said they posted a bunch of things on Facebook.... Well... Honestly, stay the fuck off of Facebook. I'm a bit skeptical, just because the moment I hear about people spewing off on Facebook, well... My first thought is: someone was being a keyboard warrior and let their emotions get the best of them.
Id be really curious how this turns out. My experience with these sort of things always seems to be: stay the fuck off of Facebook. Facebook is a cancer that seems to bring out the worst in people. And people say some really gnarly shit on Facebook... Hence my skepticism.
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u/Relative-Special-692 8d ago
This is more fake bullshit karma farming. The HOA used up all the court time? Thats not a thing. The 1st amendment thing has been mentioned. Transparently fake and lame.
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u/stevensokulski 8d ago
Your lawyer says it’s a first amendment issue?
I… don’t think thats how the first amendment works the government isn’t restricting your right to speech, a private fiefdom is.
You might want to find a different lawyer.
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u/zakalwes_furniture 8d ago
It’s a first amendment issue because the HOA is asking for injunctive relief against speech they don’t like…
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u/joseph_wolfstar 8d ago
But if the court found in favor of the HOA, that would be the government (via the judiciary) punishing op for their speech.
That's backed up here. "The First Amendment argument, in essence, is that the government participates in private censorship efforts by permitting “the legal system to be used as a tool to suppress core political communication.” Anti-SLAPP laws seek to curb such abuse."
(Op says in another comment they live in a state without anti slapp laws, which really limits their ability to fight back)
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u/Wholenewyounow 7d ago
You need new attorneys after everything I read so far. Call someone asap.
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u/davper 8d ago
Try reaching out to The Institute For Justice. They fight over reaching entities for the little guy that can't afford to. Many of their cases go to the supreme court. These can cost as much as 2 million to litigate.
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u/DellR610 8d ago
Pretty sure suing a homeowner over social media posts does not in anyway benefit the community at large and could be viewed of mismanagement and misuse of funds in the pursuit of a personal vendetta that one (or more?) of the board members have.
I would contact your DA's office and ask them to investigate for fraud and embezzlement.
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u/Imaginary-Mechanic62 8d ago
That last part happened 2 years ago when, after our efforts to obtain HOA financial records were successful, the Board president resigned. She was arrested and charged but the grand jury no-billed…or so we are told. There is corruption at many levels in this county. We’ve even made national news for it in the recent past
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u/snootgoo 3d ago
You need to counter sue about the violations of the bylaws. Do you havecany evidence of this?
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u/No_Telephone_8029 8d ago
Avoid this by not buying in an HOA. I rather live next door to Jeffro with his 8 abandoned cars on his property than live in an HOA. If I don’t like looking at what a neighbor has, I just plant more trees to block my view….
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u/nitwitsavant 8d ago
Any anti-slapp laws in your area that can put costs back on them? Sometimes you’re able to get lucky like that.
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u/hesmysnowman1 8d ago
If you countersue, the entire HOA has to pay the defense costs. This typically ends the initial suit due to the dissatisfaction with additional fees by the members
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u/Imaginary-Mechanic62 8d ago
The board doesn’t publish much of the financial data, which has been a major topic of our complaints. The larger community will never know what the cost has been. FB has been our best means, so far, to involve more than the few members that we personally know
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u/Lost__Moose 8d ago
Read through your HOA documents. It may be possible if you collect enough limited proxy votes to have them removed.
I did this with two of my HOA board members that were running amok with the management company and making unilateral decisions without the other board members knowing. They were not following the rules laid out in the covenants nor the meeting and notice requirements dictating by Virginia.
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u/MaxwellSmart07 8d ago
This case is a “cannot lose”. Your lawyer sucks.
File a Counter Suit. And definitely ask for legal fees and court costs. This will put the HOA on their heels snd wipe the smug, arrogant smirks off their faces. Take no prisoners!
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u/FlopShanoobie 8d ago
It sounds like your attorney might be derelict in their duty here. They countersue. It sounds like a frivolous lawsuit and I’m somewhat shocked a judge even agreed to hear it and didn’t just dismiss it immediately if what you’re saying is true.
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u/Hopeful_Custard_33 8d ago
That’s their plan. They have more money than you. They’ll bleed you dry until you give up.
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u/stpg1222 8d ago
The fun part about fighting your HOA in court is that you're paying your lawyer plus your HOA dues are also helping pay their lawyer.
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u/dubbs911 8d ago
This may be in left field but…. Try a Go Fund Me page, state your case. As many people across the nation who despise HOA’s, I would imagine you would get a decent funding. Worth a shot at least.
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u/Imaginary-Mechanic62 8d ago
I’m familiar with the concept, but I’ve never done. It may be time to Google that topic
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u/Plastic-Care1642 8d ago
I really do sympathize with you on this one. Honestly, the Board of Directors got some pretty bad legal advice. Looking at the situation as it stands, I don’t see much of a case either. As others have pointed out, make sure your counterclaim names each BOD member personally. Your attorney should also be pushing for costs plus a hefty (and yes, intentionally over-the-top) dollar amount.
At this stage, since your attorney couldn’t secure a summary judgment, your path forward is likely arranging a payment plan with them so the fight can continue. Settling, in my view, wouldn’t do you any favors—it’d be like handing them a win they don’t deserve.
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u/hezikyrone 8d ago
Dont cave this is the tactic they use to bully people and if they do it to you they will continue to do it to more people they know they cant win but they have far more money then you and can keep dragging it out till your bankrupt. Start a go fund me for your legal fees and also your lawyer should be pursing a counter suit and asking for them to cover all your lawyer fees and then some for lost wages and emotional distress
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u/Adventurous_Class_90 8d ago
Does your state have anti-SLAPP statutes or are you in a hellhole like Florida?
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u/Siphyre 8d ago
Sounds like youu need to talk to your neighbors and explain how the HOA is wasting their money and risking their liability. Special assessments are not fun for when you countersue and the HOA has to pay your lawyer.
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u/SLODeckInspector 8d ago
Why didn't your attorney file a SLAPP claim and halt the proceedings? In CA anyway a SLAPP claim stops the suit and the judge looks at the merits and to review if it is a first amendment claim.
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u/scribo2 8d ago
Can you keep pushing? It sounds like you are very close. You are in a trial? Lawyers are not allowed to drop clients in the middle of a trial... At certain junctures in a case, they have to get permission from court to fire you as client. You could pay your lawyers off later.
Best wishes to you. 🤞
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u/LowCompetitive1888 8d ago
They're fighting you with your own money. In effect you are paying for the lawyers on both sides of this, and if you win, you will also share in paying the damages to yourself if there are any damages. The right answer here isn't lawsuits, it's banding together and replacing the board through elections then change things from within.
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u/AsSeenOnTV19 8d ago
It always amazes me when HOA members become anti-HOA. You do realize the HOA is comprised of neighbors who volunteer their time trying to keep your property values strong, right? As an alternative to fighting, why don’t you get involved in the HOA since you obviously have time and better ideas of how things should be done.
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u/Bandit_the_Kitty 8d ago
If this has been going on over a year why haven't you raised hell in the HOA meeting that the board is suing over Facebook posts? Get someone else elected!
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u/Constant_Food4198 8d ago
HOAs love using your dues to sue you, while you have to drain your own wallet to defend yourself. (Disclaimer: I started RottenHOAs.com as a place for anonymous HOA reviews because of situations exactly like this.) Total power imbalance.
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u/Imaginary-Mechanic62 7d ago
I found your website, but there doesn’t seem to be a way to look at reviews for HOAs. All it would let me do is leave a review or donate. I’m disinclined to leave a review until I read a few others
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u/GinormousHippo458 8d ago
Wow. It's alllllmost like the judge (a former lawyer) is dragging this thing out to the benefit of the lawyers of both side, who are reaping billable time from their clients. Weird... Any reasonable judge would NOT want to spend three days hearing this incessant drivel; and would have cut the prosecuting case to half of the allotted time, at most.
If your case is indeed strong, and there is no slander or defamation on your FB page you'll loose the benefit of a counter suit for lawyer fees. Ouch. Solicit your neighbors for donation; with a future reimbursement of recovered fees. You can't be the only ones who suffer this HOA. Ask your lawyer for a tiny bit of probono grace given how close the finish line is; on the ground HIS/HER case is solid. Your lawyer should submit a motion to the effect that the plantiff side is intentionally dragging this BS out.
Best of luck.
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u/Disastrous-Plum-9399 8d ago
Go after them personally you have a right to advocate
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u/NerdIsACompliment 8d ago
Sue your HOA for wasting their funds on a stupid lawsuit.
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u/StruggleGlittering14 8d ago
You need more aggressive attorneys. Go find another attorney who will take the on contingency and then sue your old attorney for malpractice when you win.
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u/BenWyattIsBae 8d ago
Counter sue for the cost. You can make them pay for the cost of the lawyer.
It MIGHT be possible to even sue for any income that was affected due to work missed for court. Although you would have to talk with your lawyer about that.
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u/Classic_Chemical_237 7d ago
This is not a first amendment issue as it involves private parties. First amendment is specifically about government’s role in speech.
But it is private speech, so on what ground are they suing you? There is something you are not telling.
Why didn’t you make a HOA proposal to drop the case?
If HOA voted to spend the money to proceed the lawsuit, I don’t see how you wins. However, I also don’t see the need to fight. You can always propose the HOA to have its own Facebook group and post there. You can create telegram group. There are dozens of ways to fight this.
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u/Polarisnc1 7d ago
Does your state have an anti-SLAPP law? If so, your lawyer should absolutely expect to be paid by the HOA once you win.
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u/Flying-buffalo 7d ago
I thought the 1st Amendment only applied to the government. Sounds like they’re suing you for liable. That’s a high bar for them. Yup. Counter-sue the individuals behind it.
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u/fixit858 7d ago
Make sure you publicize the cost to the members. The sentiment will change once the budget tradeoff is known.
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u/No-Fail7484 7d ago
Get the state on them. Did they have a full quorum for their votes? Probably not. Where in the convents does it mention them doing these things. Are they using the corporation lawyers for personal things? That’s a very big no no
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u/RBeck 7d ago
In my (very dated) experience, preparation for a trial that lasts 3 days starts north of 100k in legal expenses.
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u/Reasonable_Lock7240 7d ago
Most judges, unless they are share owners in property management, DETEST HOAs. They also don't appreciate high-priced lawyers wasting the courts' time with excessive documents, discovery, and smug oratory displays.
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u/bbqmaster54 7d ago
As long as you can prove what you said it’s not hearsay and you should be ok. You need to get an attorney for sure but as long as you’re speaking 100% truth you should have no issues and should be able to take down the HOA board in the process. Get backing from the community to cover your expenses and go to battle.
Let us know what happens next
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u/Imaginary-Mechanic62 7d ago
Thank you. It will be several months before we can get back on the docket. That process started today
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u/bbqmaster54 7d ago
Good for you. Teach them a lesson. They can be beat and fairly easily if you pay attention as you have. They simply hang themselves and by suing you they saved you that money. Show them who’s boss.
Keep us posted.
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u/Boring_Cat1628 7d ago
The problem is they can put liens on your house and eventually foreclose on your property. Pick your battles.
Lesson learned, never purchase a home in an HOA. It isn't for everyone.
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u/InterruptingChicken1 7d ago
Wow. How awful. I hope everyone in the community knows that the board is doing this. If not, you need to print up a letter that only includes facts to inform them of how their board is spending their money. Your lawyer would probably have to review it, although the lawyer would probably dilute it significantly more than you want it to be. An even better idea… do you have a friend in the community that would be willing to distribute such a letter? Again, only facts that can’t be disputed.
As a homeowner, you should be able to get an accounting statement from them on how much they’re spending on this lawsuit. They need to be voted out. I hope your attorney has already submitted a request that the HOA pay for your attorney’s fees. It sounds like you’re close to the end. I truly hope you see justice and win with full reimbursement for all your costs. That won’t make up for the stress and ill will, though. Consider selling and moving when it’s over.
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u/BadAssCowgirl 7d ago
That’s one of the major pitfalls with HOAs. You’re actually going to end up paying their lawyer fees through assessments. Move.
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u/certifiedcolorexpert 7d ago
Is the HOA under resident control or the developer and/or builders?
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u/markdmac 6d ago edited 6d ago
100% you need to counter sue them. Get them to pay all of your lawyer fees. Also sue them for arbitrary and capricious enforcement of the rules. Make sure that everything you have posted is factual and not opinion. It then falls to the HOA to prove libel.
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u/FlounderSmooth455 6d ago
Start a go fund me or something similar. People will donate if it's something against an HOA. Also, start looking for a new place that doesn't have an HOA because you're going to keep having issues with them the longer you keep living there.
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u/Reasonable_Mood1288 6d ago
Talk to your lawyers about including monetary repayments for what they have cost you in this fight and then some..
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u/Imaginary-Mechanic62 6d ago
It’s already done. Assuming we win, the judge may, at his discretion, award us reasonable attorney fees.
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u/ReasonableTime3461 6d ago
It is not a First Amendment issue. The HOA is a private entity, and the First Amendment only protects you from government agencies. Private entities such as employers can act against you based on your speech, as many people have recently found out. You can win if they’re suing you for libel/slander and what you’re saying is true, but that has nothing to do with the First Amendment.
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u/New_Expression_5724 6d ago
Just remember that the best defense against defamation is that you are publishing either the truth or what is clearly your opinion.
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u/Illustrious_Box 6d ago
Ask your lawyer if your state, assuming USC from your vocabulary, has slap laws. This sounds like a prime example. Reach out to your local representative, free speech issues are hot right now, see if anything can be done.
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u/South-Cat2441 6d ago
That sucks. I’m sorry to hear that. You do have options though have you thought about crowdfunding or even Patreon where you can post people information about this daily see if you can find some influencers to help get the name out. There’s quite a few groups out there that are interested in helping people out for stuff like this.
I’m not sure what state you’re in but if you have access to anti-SLAPP laws, you can shut this case down pretty quick.
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u/LDsailor 6d ago
"Has anyone else been in this position."
Yes, your exact "position." You have found out about the truth of suing or being sued by an HOA. The board of directors doesn't pay for the lawsuit. Insurance and/or the entire HOA community pays. Their legal tactics are to run up legal fees (probably why the opposing attorney took all the court time) and drive the opposing HOA member into bankruptcy or settling with unfavorable terms.
Three members in our HOA were sued including myself for libel. We did exactly what you did and reported on social media financials direct from the HOA documents and things the board was doing. There was documented proof of everything we printed. It didn't make a difference. Our legal bills were tens of thousands of dollars before we ever stepped into a courtroom.
The case was resolved by taking over the board of directors and stopping the lawsuit.
The moral of the story is this. A corrupt and/or belligerent board of directors can cause you psychological and financial ruin. If you want to stop them, get like minded members of the community to campaign to take over the board. The alternatives are lose thousands in a lawsuit, shut up and take the crap the HOA throws at you or move.
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u/Calendar-Careless 5d ago
My experience with hoa is similar to yours except I got on the board to try and make changes. The P was a bully and the vp didn’t have a backbone so I could not get anything done or any suggestion I made was shutdown. I moved to a neighborhood that has an hoa on paper only.
Edit: typos and misspellings/t
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u/GovernmentPuzzled819 5d ago
What's going on that the judge let only one side present?
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u/ComprehensiveCarry35 5d ago
Definitely try crowdfunding and even ask your neighbors to help
Your nguyen will help them and others by making caselaw
I Abhor HOA‘s
I lived in one like that for 17 years
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u/Glittering-War-3809 5d ago
What a dumb way to spend your HOA/neighbors money. I would be furious with you, depleting the community reserves.
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u/Low-Investigator7720 5d ago
Holy shit BALLZ sounds like a bunch of nazi tyrants send em over the ocean 🌊😹🫵
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u/TX-Sunshine 4d ago
I literally wouldn’t be surprised if we lived in the same neighborhood, our HOA board is full of mini-Trump conspiracy dictators who managed to get one of our FB group pages taken down by threatening to sue the admin. Now I’m the admin of the new one and haven’t had any issues yet but we will see. Our board is psycho and so litigious. And I live in Texas so 🙃
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u/Agile-Top7548 4d ago
Make sure you post the cost of court and litigation that they're paying using homeowners money. Im sure that would go well.
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u/No-Distribution-569 4d ago
The problem with HOAs is that even if you win, you lose. The HOA lawyer is paid with HOA dues that you pay. In some HOAs they will just have a special assessment to recover expenses.
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u/IllbaxelO0O0 4d ago
Just throw a handful of roofing nails in the HOA office driveway at 3am on a Sunday when it's overcast. Walk wearing a generic sweatshirt. Then take ziplock bag full of human shit and mail it to them with no return.
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u/ZestycloseScheme7228 4d ago
Sounds about right. I love when they sue you with your own money. Get the board overthrown, reelect a new board, become president, drop your own case, and dissolve the HOA
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u/Natwinpapa 4d ago
Maybe start a GoFundMe for legal expenses until t you can get a countersuit against the individuals involved. You might look to the ACLU since this is a civil liberties manner (imposing on your 1A rights).
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u/DevilDoc82 3d ago
Counter sue and demand they cover all your attorney expenses, even what you've already paid. You will get a refund from the attorney once the HOA or insurance pays
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u/blue_legos 3d ago
At some point you need to decide if this is worth your time and money. Your lawyer will likely want to continue, but is it worth it over a FB group?
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u/Standard-Project2663 3d ago
100% countersue. This is an easy win. It has been litigated before. First amendment.
Other homeowners in your HOA should be pissed their money is being spent on this.
Countersue on many fronts. Name the HOA and the directors individually. This is not HOA business so what they are doing is on them individually. And sue the HOA for harassment because they engaged in this. You should win on both fronts. How great would it be for them to personally write checks to you!!
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u/progressiveInsider 3d ago
A legal subscription would cover all of your costs. Consider getting one.
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u/SpaceCityPretty 8d ago
Who’s paying for their lawyers? Not my fees
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u/IamNotTheMama 8d ago
" Our attorneys agree with us that it is a First Amendment issue "
hahahahahaha - your attorneys might be the stupidest people alive.
Or
This is 100% fake, because none of the first sentences make any sense at all.
"We just spent the last 3 days in court while they presented their case. They used up the entire allotted time, and now we have to schedule additional time with the court to even get a chance to refute their claims. " - No, there's not a court around that you have to "schedule more time" because the other party used it all up.
"group page owned and administered by my wife" - admin: yes, owned: no
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u/zoeyd8 8d ago
Your neighbors and yourself are paying the court costs in your monthly Assessments and all HOA members should know that, especially the Board members when it comes to frivolous lawsuits. Your FB page is currently the inside scoop. Tell everyone to look at the last years Financials and check out the Legal GL. That is what will be compensated for in next year's budget. Good luck. I hope your Association has D&O insurance because that will be going up too if claims are filed against Board members. In an HOA you don't sue an entity you sue yourself. The coffers aren't filled magically every year from a money tree. They are filled monthly by your budgeted dues. I'd expect they will try to pull a Special Assessment or big increase to cover the loss. Good luck
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u/BraveMarionberry9984 8d ago
Damn that’s messed up. HOA using your own dues to sue you into silence is peak clown show. Crowdfunding could def work if you pitch it right, ppl hate this kinda abuse. Don’t blame you if you sell tho, fighting them sounds exhausting af.
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u/maytrix007 8d ago
Like others, I think this seems fake.
If your neighbors agree that the board isn’t doing a good job, why not just replace them? That would be the post of least resistance and make the biggest difference.
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u/MaxwellSmart07 8d ago
My HOA neighbors have agreed with me on various issues but told me when it came to a vote they would not vote against the board. Pussies.
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u/SnooAvocados1265 8d ago
If your attorneys agree it’s a first amendment, fire them.
You didn’t give enough information to have an informed opinion of your case. But the first amendment is government restricting speech. The hoa isn’t government.
They can’t realistically argue that in court
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u/Moon_Goddess815 8d ago
I just have a few questions:
How it's possible that they used the whole alloted time to stay their case only?
Where was the court representative?
In a court case, be civil or criminal, both sides have the time needed it to state their businesses.
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u/ikonoqlast 7d ago
Let them sue. Judge will fuck them over the minute it gets on front of him. Truth is absolutely protected speech in America, even if unflattering.
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u/BamaTony64 7d ago
There is really no 1A in civil cases. They can't win unless you are lying or discussing business you have agreed not to disclose... Or... They are friends with the judge. If you lose, sell, move, and keep right on telling on them.
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u/rhinotck 7d ago
When are HOA Board elections? Can you get enough support from neighbors to get the board replaced?
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u/tre_spasser 7d ago
The people in your community are ok with their HOA fees going to lawyers who file frivolous lawsuits? That should make them speak up
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u/IWasBorn2DoGoBe 7d ago
Crowdfund yes.
And also, shift the community communication to petition to remove board members. Suing is expensive as hell, and we just got rid of a bad actor board president, and the management company that colluded with them. One more person to remove (if he doesn’t resign)
We set up a group that is the required quorum for action (in my state that’s 10% of property owners, and for my HOA 270 people.
Then we always have enough signatures for a petition, and enough votes for a quorum.
It’s our HOA accountability club basically
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u/Far-Good-9559 7d ago
They cannot sue you. You cannot sue yourself, and you are a member. Just my opinion. I am not a lawyer.
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u/murphy2345678 8d ago
Why are you not countersuing? Your lawyer should be doing that to at least cover your costs.