Post by Admin on Jul 9, 2017 16:42:29 GMT -5
A Las Vegas HOA owner (Friedrich) has recently prevailed against their Nevada HOA because the HOA misrepresented its true "NON-EXISTENT" status to the Owner. Here is the link to the article: HOA guilty of Negligent Misrepresentation
The HOA acted "as if" it had authority over the owner's property and billed for assessments for 10 years. The fraud was incidentally discovered. In fact, the Owner's property was located in a NON-HOA unit within the community. The HOA then tried to persuade the owner to voluntarily encumber his property with Covenants, which the homeowner refused to do. The jury awarded costs, fees and punitive damages for the HOA's Negligent Misrepresentation:
The jury also awarded Friedrich 70% of assessments paid to Rancho Bel Air POA in the past, plus interest, court costs, and an additional $20,000 in punitive damages for its negligent misrepresentation.
According to a signed jury verdict, neither the POA nor management company, Performance CAM LLC, committed fraud or intentional misrepresentation. The jury did not find any negligence by the management company, and, therefore, no conspiracy between the POA and the Manager.
However, the jury's verdict concurs with that of the District Court: Friedrich's home is not part of Rancho Bel Air POA. The jury concluded that Friedrich has no obligation to pay assessments that have been billed by the POA .The HOA will pay all the costs of the Owner's legal expenses plus the punitive damages award.
Statement from Jonathan Friedrich:
It has been a long 5 year battle but I won the fight against Rancho Bel Air in Las Vegas.
This was a complicated case with many twists and turns. From the outset I knew I was right and never wavered.
Even though the financial compensation I will receive is much less than what it cost me, it was a David vs Goliath battle with me winning the battle.
The bottom line is justice is expensive. If you want to fight the HOAs in this country you had better have a Fat Checkbook!
True words indeed! And HOA's should be prepared to hand over its Owners' money to pay the tab when the Misrepresentation Hits The Fan!
The HOA acted "as if" it had authority over the owner's property and billed for assessments for 10 years. The fraud was incidentally discovered. In fact, the Owner's property was located in a NON-HOA unit within the community. The HOA then tried to persuade the owner to voluntarily encumber his property with Covenants, which the homeowner refused to do. The jury awarded costs, fees and punitive damages for the HOA's Negligent Misrepresentation:
The jury also awarded Friedrich 70% of assessments paid to Rancho Bel Air POA in the past, plus interest, court costs, and an additional $20,000 in punitive damages for its negligent misrepresentation.
According to a signed jury verdict, neither the POA nor management company, Performance CAM LLC, committed fraud or intentional misrepresentation. The jury did not find any negligence by the management company, and, therefore, no conspiracy between the POA and the Manager.
However, the jury's verdict concurs with that of the District Court: Friedrich's home is not part of Rancho Bel Air POA. The jury concluded that Friedrich has no obligation to pay assessments that have been billed by the POA .
Statement from Jonathan Friedrich:
It has been a long 5 year battle but I won the fight against Rancho Bel Air in Las Vegas.
This was a complicated case with many twists and turns. From the outset I knew I was right and never wavered.
Even though the financial compensation I will receive is much less than what it cost me, it was a David vs Goliath battle with me winning the battle.
The bottom line is justice is expensive. If you want to fight the HOAs in this country you had better have a Fat Checkbook!
True words indeed! And HOA's should be prepared to hand over its Owners' money to pay the tab when the Misrepresentation Hits The Fan!