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can the association be sued

Customer Question
by court order had to...
by court order had to remove my above ground pool where as there is a board member who has a above ground pool that is the same structure and was not requested by the board to have the above ground pool removed I spent well over $20,000.00 dollars in having this process done $13,000.00 dollars just in attorney fees to the HOA and not including $3,000.00 dollars for my attorney and $5,000.00 dollars to have the pool removed when I have pictures of both my pool and the board members pool who still to this day has not been forced by the HOA to have it removed so I'm looking to sue the HOA for the cost of the damages that I suffered on account that the board member was allowed to keep the above ground pool and I was forced to remove mine can someone please contact me with a attorney that handles these issues in the Baltimored Maryland area phone number (XXX) XXX-XXXX or(NNN) NNN-NNNNI was truly treated unfairly and unjust and the bylaws was not applie to the board member. Thank You
Submitted: 9 years ago.Category: Real Estate Law
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Answered in 25 minutes by:
6/18/2008
Real Estate Lawyer: Jane Doe Deer, Lawyer replied 9 years ago
Jane Doe Deer
Category: Real Estate Law
Satisfied Customers: 3,896
Experience: Attorney since 1986; Plain English explanations of Landlord/Tenant & Purchase/Sale
Verified

Thank you for contacting Just Answer. I am looking forward to assisting you.

While I am, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. There can also be a delay of an hour or more in between my answers because I may be helping other customers.

I'm curious to know why your attorney didn't just file a counterclaim in the lawsuit that the HOA had against you. It seems that would have been the most efficient way to go. If the case is still "open" ask your current attorney (unless you don't like him/her) about a counterclaim.

Here is one great resource for Plaintiff's trial attorneys: http://www.mdtriallawyers.com/MD/

Here is a link to the Baltimore referral program: http://www.baltimorebar.org/lris.html With this one, be sure that they give you a very experienced attorney; often it's the green newbies who sign up for these referral lists, but not always.

I can't really go out and find you an attorney. For one thing, your taste in attorneys may be different from mine. Just keep in mind that you are hiring a very expensive employee, so get someone that you really like.

I appreciate your asking for me. What else can I help you with today?

Jane

 

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Customer reply replied 9 years ago
the attorney I hired had no experenice in HOA so he just went on what the bylaws said and the judge ruled from the bench and honestly I don't think that he really want to deal with this any more because it's not in his line of work
Real Estate Lawyer: Jane Doe Deer, Lawyer replied 9 years ago

Oh. I would contact start with real estate attorneys and find someone with specific experience with trial work, real estate, contracts, and HOA's.

I went back to the Maryland Bar Association and clicked on the Real Estate Section. You can contact them and ask for a few names. Even though the attorneys may be section members you still need to grill them as though you are interviewing an expensive employee, because that's exactly what you're doing: http://www.msba.org/sec_comm/sections/realprop/index.htm

Besides suing the HOA for money, it'd be hilarious if you forced them to rebuild and reinstall your pool.

Why the heck are pools forbidden? And was your neighbor's possibly builty before yours or something?

I grew up in LA, and there pools (in ground) were a sign of prestige and wealth. I just don't understand what the objection is.

Jane

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Real Estate Lawyer: Jane Doe Deer, Lawyer replied 9 years ago

I forgot to give you the link to the real estate section. http://www.msba.org/sec_comm/sections/realprop/index.htm

 

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Customer reply replied 9 years ago
I'm not looking for them to reinstall my pool and not the board members pool was not in before mine I had my pool 5 mnths before the board member put his pool in and I never heard anything from the HOA until they made him the board member take down the Dough Boy pool but he did not take the Dough Boy pool down he put it 2ft in ground as what I did with my pool in matter of fact he got the ideal from my pool to put it 2ft in ground because my pool was 2ft in ground with a deck built around it and he did the same ideal with his pool but now the HOA forced me to take my pool up and not his and speaking with 1 board member was unaware of what had happen to me the board has not had a meeting in 9mths which was told to me today and they said that they where going to call tall the president and find out what is really going on because they where not informed that this action against me was taking place and the 2 members of the board told me to sue the HOA
Customer reply replied 9 years ago
I just want to know if I have a good case and would there be a attorney that is willing to help me
Real Estate Lawyer: Jane Doe Deer, Lawyer replied 9 years ago

It's hard to know if you have a good case without knowing the other side's position. What reason was given for allowing the neighbor to keep his pool?

 

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Customer reply replied 9 years ago
there where no reason in the court order where "You installed a above ground pool that has to be removed" and the bylaws state completed in ground" my attorney showed the other pool to the judge and the judge stated " if that pool was infront of him it would have to come down as well" but because the board members pool was not also in court the judge did not rule on it but I know the board is not going to sue the board how about that
Real Estate Lawyer: Jane Doe Deer, Lawyer replied 9 years ago

That's great! You can use the judge's statement in your lawsuit! Maybe you can even call that judge as a witness.

Best of luck to you.

I don't think there's anything else I can help you with. If there is, please write back. But if I've answered your question, please click "accept". I especially love bonuses and feedback!

You know, if you want to save some money, instead of hiring an attorney to do the whole case for you, hire her or him to just consult with you along the way. For example, the attorney can give you a boilerplate complaint; then you can draft the complaint; and the attorney can edit it. You'd be real involved in what was going on and would keep things moving.

Have a good evening!

Jane

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Jane Doe Deer
Jane Doe Deer
Jane Doe Deer, Lawyer
Category: Real Estate Law
Satisfied Customers: 3,896
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Experience: Attorney since 1986; Plain English explanations of Landlord/Tenant & Purchase/Sale

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