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Can you sue an HOA for harassement & discrimination And

Resolved Question:

Can you sue an HOA for harassement & discrimination ? And if so what are the criterias one needs to prove in such a case. Examples of harassement & discrimination: repeated bogus HOA violations; taking deliberate sides against us in any dispute rising from us & other neighbors; negative disinformation to other community home owners regarding us; an email I was cc'd on from one board member to another: "To me it's bad enough that you have one neighbor that has a negative effect on the area" shows the attitude towards us; deliberate bogus HOA violations such as receiving a violation for having a fence trellis where our 2 neighbors did not & they have the same exact trellis; at one point we believe (never investigated) that the hoa president sent a bogus letter impersonating the HOA lawyer basically saying they were stopping any help for us in a dispute between me and our neighbor; and similar situations to these...
Submitted: 6 years ago.
Category: Real Estate Law
Customer: replied 6 years ago.

camden, New Jersey


Already Tried:

In our last letter of violations from the HOA we basically said that this letter amounted to harassment, scapegoating (a problem they were responsible and obligated to help in they ignored & allowed to happen, bamboo growth spreading from our neighbor to our yard and common grounds), and discrimination.

We just settled our court case against our neighbors concerning encroaching bamboo growth from their yard to our yard and common grounds (thanks for your help back then) & we are considering suing the HOA for court fees because they were negligent in the matter and completely one sided. & in fact we believe they might try to sue us for the bamboo being in the common ground even though we had asked them for half a year to get involved before it spread to the common ground and even when they new it spread to the common ground they claimed it was not common ground and they could not help ...
Expert:  VF LAW replied 6 years ago.
Answer: You can assert claims against the homeowners association. Breach of Fiduciary Duty is often named as the primary cause of action. In certain instances for actions of gross negligence or fraud individual board members can be named. This is a developing area of the law. It is based in large part on the existing corporate law for actions against non-profit corporations.

Harassment and discrimination could be restated as breach of fiduciary duty and selective enforcement.

Here are some links that provide example. Take a look at the causes of action and the legal theories that advanced:

http://barnettlawfirmltd.com/articles/fiduciary.htm" target="_blank">http://barnettlawfirmltd.com/articles/fiduciary.htm

http://www.ahrc.com/new/index.php/src/news/sub/pressrel/action/ShowMedia/id/202" target="_blank">http://www.ahrc.com/new/index.php/src/news/sub/pressrel/action/ShowMedia/id/202

http://www.ccfj.net/courtdecFLBerg.html target="_blank">http://www.ccfj.net/courtdecFLBerg.html</a>

http://www.hoa-law.com/publications/fiduciary-responsibility-of-association-directors.html" target="_blank">http://www.hoa-law.com/publications/fiduciary-responsibility-of-association-directors.html

Thank You.

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The responses do not create an attorney client relationship and are informational only.
VF LAW, Lawyer
Category: Real Estate Law
Satisfied Customers: 230
Experience: Experienced Attorney with Real Estate Transactions and Litigation.
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Expert:  VF LAW replied 6 years ago.




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