The HOA said were “prohibited” from using the pool, gym, clubhouse (amenities) unless I withdrew a complaint about the management company (another CAI management company) 10 days sanction for every day I refused. I refused and hired a top attorney to protect my property rights. At their hearing the attorney (another CAI associated attorney) told the judge that I was prohibited from using the amenities for six years and six months. It was incredible that any HOA Board or HOA attorney can be so ridiculous. They lost the case and it cost them $150,000 in attorney fees that they paid my attorney and I would venture to guess about $200,000 or so (I do not have confirmation of what that “top” firm billed) so was it worth about $350,000 to tell me I could not use the pool …(amenities) and shutting off my card. I do not think so. This abusive and targeted action has cost the community even more because they had to find a new insurance company and their D&O deductible increased from a $5,000 deductible to $25,000. Since they lost the case, they have not directly disclosed that they lost the case and although the insurance docs are posted, most people do not compare so most owners are not aware of the changes. This is why owners need to look at financials, insurance and investigate spending. The good news is that since they lost the HOA case they stopped their nonsense. I will never have anything to do with those people who maliciously targeted me, tried to ruin my reputation. What they practiced was character assassination but it did not work. The law and justice prevailed and they lost. The judge proclaimed that we are the Prevailing Party and approved an Injuntion. Only after the decision was not reversed did they offer to pay $150,000 of our attorney fees. I am sure the insurance company wanted to settle. My advice to all owners is let all homeowners know what is going on, if you get targeted stand up for your legal rights and never allow a few people target you or interfere with your legal rights.
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It is most fortunate that this homeowner had the means to sue the HOA. How terribly sad is it that it cost in excess of $200,000 to put this board in its place? How dare these power mongers try to take away a homeowner’s rights? This is typical of my situation but I did not have that kind of money to fight my HOA. That left me with losing my home, two years in court with the power mongers who stole $80,000 to protect their interests and then staged a theft so no one in the community can prove they stole the money for their defense as well as many $1,000’s of other dollars they embezzled from the community. While I am very happy to hear of the success of this case and the victory of the homeowner, it just proves that money buys justice in the US courts.