When an Unfair HOA Assessment Threatens a Resident, He Unleashes a Brilliant Plan and Fights For Justice.
The Original Poster (OP) battles an unscrupulous Homeowners Association (HOA) to demand transparency and fairness for all residents. Amidst a deteriorating building and dubious special assessments, OP takes a stand with a small but significant act of defiance.
The Crumbling Condo
The OP bought a condo in a city over three years ago. Despite paying monthly HOA fees, the building rapidly deteriorated. OP and fellow residents hired an attorney for a class action-style lawsuit.
The Small Claims Court Victory
The OP took the HOA to small-claims court for failing to provide financial documents, winning the case, and being awarded $31. The president of the HOA offered to pay privately or through the mail, but OP refused both options. This dispute foreshadowed more significant issues later.
The Special Assessment
The HOA announced a special assessment of $1,000 per resident and a 10% increase in monthly dues. A membership vote should have been triggered, but the HOA claimed an emergency clause exempted them. The supposed “emergency” was a broken elevator.
The Lien Threat
When residents pushed back, the HOA threatened to place liens on their units. The liens were placed on those unable to pay the $1,000 assessment. OP, though having paid, found the situation unfair.
The Pricey House
The HOA president’s $20 million house was on the market. The OP decided to act on principle by filing a $31 lien against it. The lien clouded the title, preventing a change of hands until the debt was settled.
The Legal Backing
OP clarified that the small-claims judge determined the president of the HOA was the defendant, not the HOA itself. This ruling allowed OP to place the lien on the president’s house. OP stood firm, focusing on the principle, not the money.
The Community Support
Despite the building’s issues, the residents remained friendly and supportive. They banded together to fight against the HOA’s injustices. The sense of community deepened as their legal battle continued.
The Emergency Clause Debate
OP and fellow residents questioned the validity of the “emergency” claim. They argued that a broken elevator was not a genuine emergency. This issue highlighted the HOA’s ongoing mismanagement.
The Lien Aftermath
The $31 lien against the HOA president’s house caused shockwaves in the building. Residents awaited the president’s response. The tension between OP and the president increased.
The Legal Battle Intensifies
The attorneys representing the residents continued their investigations. As more evidence surfaced, the lawsuit gained momentum. OP and the community prepared for a long legal battle.
The Power of Principle
Despite the lien’s small monetary value, OP insisted, “It’s a matter of principle, not money.” This action demonstrated OP’s resolve in fighting against the HOA’s mismanagement. The residents rallied behind OP’s determination.
The Vote Struggle
The residents pushed for a proper membership vote on the special assessment. They aimed to challenge the HOA’s abuse of the emergency clause. This issue became a critical aspect of their lawsuit.
The Retirees and Lower-Income Residents
The lien threat had a significant impact on the retirees and lower-income residents of the building. OP expressed empathy for their situation. The community united to fight for fair treatment for all residents.
The Fight for Justice
As the lawsuit progressed, the OP and the community remained committed to their fight against the HOA’s misconduct. They sought to hold the HOA president and other responsible parties accountable for their actions. United by their shared experiences and a quest for justice, the residents continued to support each other through the challenging times ahead.
Was The Man’s Behavior Appropriate?
The readers in the forum had a lot of mixed views on the matter. Here are some of their responses…
One responder wrote: “$31 lien on a $20M mansion? Man, that’s the essence of petty, and I’m here for it!”
Another reader wrote: “This won’t get you much satisfaction. When the house sells, the closing attorney will go to the clerk of court with a check, and the lien will be satisfied. The clerk will mail you the $. It won’t be an inconvenience and won’t bring any embarrassment to the seller.”
A different person states: “I work in real estate. The satisfaction here is when the title does a lien search on the home for the buyer. They will learn that there is a lien on the property. It doesn’t matter what the lien is- it will still raise red flags for the buyer. It’s hilarious and brilliant.”
What Do You Think?
What are your thoughts on their actions?
What would you have done in this situation?
This story is inspired by this thread.
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Alex is a writer for Top Dollar Investor, focusing on lifestyle, travel, and business stories. Alex has started several online businesses and is a blogger who loves providing quality content to help others. He is passionate about affiliate marketing, finance, and cryptocurrency.