on attorney fees w/o notice? The laws in this state prevent a homeowner's association (HOA) from trying to assess a home owner attorney fees without giving the home owner advance written notice that such fees will be charged if they don't cure a violation by a date certain. In this case, the HOA President has been notified by two different home owners about this law. Still, she refuses to acknowledge it, as if the law doesn't exist. She continues to try to hound the home owner for attorney fees because someone needs to pay his bill and it might be her for rushing to hire an attorney that wasn't needed in the first place. She benefitted from hiring the attorney but now she doesn't want to pay for his services, believing she can always push attorney fees onto the other party, when clearly, she didn't follow the laws requiring advance written notification and a deadline to cure the violation before attorney fees would be charged. No advance notice was given nor was a deadline given. The violation was cured but now they continue to chase the home owner for attorney fees because they know they messed up and don't want to admit it.
My interest as another home owner is to keep the HOA President from running up more unnecessary legal bills since it will be the entire HOA who may have to pay for it and I will be liable for my share. I want to put the HOA President on notice for WILLFUL MISMANAGEMENT if she refuses to obey the law when shown straight to her face and continues to waste home owner's money on more legal fees, just to chase the original legal fees that could have been charged to the violator if proper procedure were followed. But since that proper procedure was not followed, the HOA President is chasing a lost cause and wasting my money in the process.
How to reign in a blatantly uncooperative HOA President? What legal action against her might be possible besides calling for her resignation (no replacements currently available in this tiny HOA of 10 owners, mostly retired folks.) We're looking at hiring outside property management, but for this question, please focus on how to convince the HOA President she is just wrong and needs to cease with running up more attorney fees.
My interest as another home owner is to keep the HOA President from running up more unnecessary legal bills since it will be the entire HOA who may have to pay for it and I will be liable for my share. I want to put the HOA President on notice for WILLFUL MISMANAGEMENT if she refuses to obey the law when shown straight to her face and continues to waste home owner's money on more legal fees, just to chase the original legal fees that could have been charged to the violator if proper procedure were followed. But since that proper procedure was not followed, the HOA President is chasing a lost cause and wasting my money in the process.
How to reign in a blatantly uncooperative HOA President? What legal action against her might be possible besides calling for her resignation (no replacements currently available in this tiny HOA of 10 owners, mostly retired folks.) We're looking at hiring outside property management, but for this question, please focus on how to convince the HOA President she is just wrong and needs to cease with running up more attorney fees.