Condo Association Nightmare
This is very long-term, somewhat complicated issue - so I'll try to be as clear and concise as possible.
25-unit condo building - built in 1971 in pretty good condition for it's age.
1991 - Owner "A" buys a unit.
1994 & 1998 - Liens are recorded againts Owner "A" by HOA for non-payment of assessments. Paid
2000 - I buy a unit in the building and soon become President of the Board. Have served as president all but 1.5 years of that time. Currently serving as treasurer.
2001 - Lien is recorded by HOA against Owner "A" for non-payment of assessments. Eventually paid.
2003 - Lien is recorded by HOA against owner "A" for non-payment of assessments.
This starts a long series of code complaints, complaints to the state condo deptartment, health department and police. She even had me detained by a police officer because I had restricted entry to our flat roof. Locks on the roof were required by the fire department (and our condo docs).
I have been accosted (verbally) numerous times by Owner "A" in the parking lot, elevator, etc. My car has has been vandalized 2 times.
2004 - She signs a quit-claim deed to a 3rd party to whom she owes money.
2004 - HOA changes attorney handling collection lien. New attorney sues both parties for non payment of funds.
2005 - Feb. - Elections - I step down as President and become treasurer.
2005 - Apr. - 3rd party pays the money owed to the HOA. The settlement is decided by the new president (a lawyer) and the other 2 attorneys. I am present at the mediation only to present the amount of money owed (which was not disputed.).
2005 - Apr. - 3rd party sues owner "A" for previous funds owed plus money paid in order to clear HOA lien.
2005 - May - Board votes to hire a mangement company. 3 weeks later the management company breaks their contract becuase this board is too difficult to deal with. Hires a second management company.
2005 - July 4th, 7am - I am awaked by a sheriff serving me a subpoena to appear (with 2 days notice) in a deposition regarding the Suit by the 3rd party against Owner "A".
I e-mail the board and let them know that I have been summoned to appear and that I'll be contacting the Association Attorney to accompany me to the deposition.
2005 - July 5th - I get an e-mail from the OTHER lawyer on the board stating that since party "A" named me personally in the subpoena that it had nothing to do with the board and they would not pay for council to join me.
The subpoena clearly states "and your own activities as an officer of the association" and it demanded I take the association records in my possession. I don't have any records, they all went to the management companies.
We also have D & O insurance covering past, present, and future officers of the board.
After a few heated conversations, it was finally agreed that the HOA Attorney accompany me to the deposition.
NOW THAT YOU HAVE THE BACKGROUND, HERE ARE MY PLANS:
I want to retain a separate attorney (paid by me) for the following reasons:
1. To alert council for Owner "A" that to request records of the Association he should have subpoenaed the Secretary of the Association and to have testimony about the nature of the settlement agreement he should have subpoenaed the president. This will establish council for me personally and prevent future service. This is the 3rd time I've been served for various reasons (becuase of the HOA) and it's quite disturbing to me.
2. I want my lawyer to demand to owner "A" (as strongly as possible) that I be allowed to live undisturbed in my home without the threat of someone waiting for my at my car or the elevator, etc.
3. To alert the HOA that if there comes a time where they refuse to provide me with coucil regarding HOA Board issues, then I will have my attorney present and then collect attorney fees from the HOA.
4. To alert the D & O insurance carrier that I have been called to testify and if the Association fails to provide council then my personal attorney will act as council and I will collect the fee from either the HOA or the insurance company(or both).
QUESTION:
Am I wasting my money?
It is worth it to me to let EVERYONE involved, The Board, Owner "A" and the 3rd party that I am not going to be fooled with. I'm not a party to their civil litigation and don't want to be a party to it.
I also want the Board to know that as a fellow board member I expect to be represented by Association Council.
Buy hiring my own attorney to write the necessary letters, am I automatically "shutting off" my representation from the HOA council?
I see them as separate; Me as a board member represented by HOA council and then Myself, as a homeowner, represented by personal council. Am I wrong in this view?
This new board is very difficult to say the least and part of me just wants to be an a**hole also. This is also worth spending some money to do. But....
Will this be too destructive to the HOA? Ultimately I don't really want to hurt the HOA. I just want everyone to know where I stand.
This is very long-term, somewhat complicated issue - so I'll try to be as clear and concise as possible.
25-unit condo building - built in 1971 in pretty good condition for it's age.
1991 - Owner "A" buys a unit.
1994 & 1998 - Liens are recorded againts Owner "A" by HOA for non-payment of assessments. Paid
2000 - I buy a unit in the building and soon become President of the Board. Have served as president all but 1.5 years of that time. Currently serving as treasurer.
2001 - Lien is recorded by HOA against Owner "A" for non-payment of assessments. Eventually paid.
2003 - Lien is recorded by HOA against owner "A" for non-payment of assessments.
This starts a long series of code complaints, complaints to the state condo deptartment, health department and police. She even had me detained by a police officer because I had restricted entry to our flat roof. Locks on the roof were required by the fire department (and our condo docs).
I have been accosted (verbally) numerous times by Owner "A" in the parking lot, elevator, etc. My car has has been vandalized 2 times.
2004 - She signs a quit-claim deed to a 3rd party to whom she owes money.
2004 - HOA changes attorney handling collection lien. New attorney sues both parties for non payment of funds.
2005 - Feb. - Elections - I step down as President and become treasurer.
2005 - Apr. - 3rd party pays the money owed to the HOA. The settlement is decided by the new president (a lawyer) and the other 2 attorneys. I am present at the mediation only to present the amount of money owed (which was not disputed.).
2005 - Apr. - 3rd party sues owner "A" for previous funds owed plus money paid in order to clear HOA lien.
2005 - May - Board votes to hire a mangement company. 3 weeks later the management company breaks their contract becuase this board is too difficult to deal with. Hires a second management company.
2005 - July 4th, 7am - I am awaked by a sheriff serving me a subpoena to appear (with 2 days notice) in a deposition regarding the Suit by the 3rd party against Owner "A".
I e-mail the board and let them know that I have been summoned to appear and that I'll be contacting the Association Attorney to accompany me to the deposition.
2005 - July 5th - I get an e-mail from the OTHER lawyer on the board stating that since party "A" named me personally in the subpoena that it had nothing to do with the board and they would not pay for council to join me.
The subpoena clearly states "and your own activities as an officer of the association" and it demanded I take the association records in my possession. I don't have any records, they all went to the management companies.
We also have D & O insurance covering past, present, and future officers of the board.
After a few heated conversations, it was finally agreed that the HOA Attorney accompany me to the deposition.
NOW THAT YOU HAVE THE BACKGROUND, HERE ARE MY PLANS:
I want to retain a separate attorney (paid by me) for the following reasons:
1. To alert council for Owner "A" that to request records of the Association he should have subpoenaed the Secretary of the Association and to have testimony about the nature of the settlement agreement he should have subpoenaed the president. This will establish council for me personally and prevent future service. This is the 3rd time I've been served for various reasons (becuase of the HOA) and it's quite disturbing to me.
2. I want my lawyer to demand to owner "A" (as strongly as possible) that I be allowed to live undisturbed in my home without the threat of someone waiting for my at my car or the elevator, etc.
3. To alert the HOA that if there comes a time where they refuse to provide me with coucil regarding HOA Board issues, then I will have my attorney present and then collect attorney fees from the HOA.
4. To alert the D & O insurance carrier that I have been called to testify and if the Association fails to provide council then my personal attorney will act as council and I will collect the fee from either the HOA or the insurance company(or both).
QUESTION:
Am I wasting my money?
It is worth it to me to let EVERYONE involved, The Board, Owner "A" and the 3rd party that I am not going to be fooled with. I'm not a party to their civil litigation and don't want to be a party to it.
I also want the Board to know that as a fellow board member I expect to be represented by Association Council.
Buy hiring my own attorney to write the necessary letters, am I automatically "shutting off" my representation from the HOA council?
I see them as separate; Me as a board member represented by HOA council and then Myself, as a homeowner, represented by personal council. Am I wrong in this view?
This new board is very difficult to say the least and part of me just wants to be an a**hole also. This is also worth spending some money to do. But....
Will this be too destructive to the HOA? Ultimately I don't really want to hurt the HOA. I just want everyone to know where I stand.
