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Post by Admin on May 8, 2015 13:00:26 GMT -5
Here is the money I spent on this sorry lawsuit, as well as the Release to the insurance company. This concludes an important element of the disposition of the case--reimbursement of all $ costs and fees $. $10,345.00
I repeat: "I got every nickel I spent on this lawsuit back!"
The only thing I cannot get back is the collateral damage of spending the last 2 years at loggerheads with this abusive group who took every opportunity to publicly denigrate me.
If the Board hadn't dug in its heels and refused to admit that Covenants were expired, relied on a single attorney's opinion i.e. "gray area", and then dared me to cH allenge their position, this could all have been avoided. This check is not reflective of the exhorbitant costs of this lawsuit to the Association. Let's all hope this attitude changes in the future..
  
The discrepancy in the settlement amount of $45,000 and my portion reflects the other fees and costs distributed to 66SS and Attorney Frd O'N eel (Attny). I am told by my lawyer that the Release agreement, though seemingly lengthy, is pretty standard stuff in settling MRTA cases.
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Post by janine on Aug 17, 2016 17:37:25 GMT -5
I have so much empathy for you and the troubles and time-wasting your HOA has caused.
I have been in lawsuits with my HOA for 22 years now, and others before me, in a very similar situation of a dictatorial HOA board and governing documents that were illegally modified. Although I beat them as a Pro Se litigant in the 90's and also won when they appealed, once again I am being sued by the newest board, who are in the pockets of their attorneys. I did not know about the MRTA back then and it is too bad, perhaps I could have forced them to go voluntary back then. At this time I have filed a counterclaim to show their 2001 Notice of Preservation was not timely, and the CCRs are expired. I have been poring over the internet unsuccessfully to find any kind of case law directly stating the evaluation of the root of title at the time of preservation. The HOA attorney is trying to convince the judge that we look at the root of title as of the filing of the lawsuit in 2015, which then puts the Notice of Preservation supposedly valid (the Restrictions were originally filed in 1958, so well expired by the time of Preservation in 2001).
Thanks to your suit, I see that I need to file a Quiet Title and Slander of Title Counts. This is some of the best information I have found other than the Matissek case law.
From looking at the few documents that are available in the Clerk of Courts website, and reading what you posted here including your check and stipulation settling your case, it appears to me that your association settled with you in order to avoid losing to you and having that in the public records for others to use against them. They wrote the agreement in such a way that it appears they did not lose and pay out $45,000. Have they continued to follow the dark side? I see there has been an effort at revitalization (such a misnomer) and I hope you have fought that.
Congratulations on being a freedom fighter, I hope you fight the Revitalizing. |
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Post by Admin on Aug 17, 2016 22:26:30 GMT -5
janine posted:
First, I would like to welcome and thank you for participating on this forum. I am sorry to learn of the circumstances which led you here; you apparently have found it through internet searches while trying to research problems with your HOA. I know of only one person who has fought their HOA Pro Se; I am impressed at the intelligence, energy and tenacity that must have required. I am certain that I have much to learn from you.
To answer your question, Yes, I am still struggling with my HOA which is captive to the management company's lawyers. It is the lawyers who encourage the conditions which eventually end up in the court system. They are the only ones who benefit--win or lose!
Another owner has cH allenged the DEO-approved revitalization and an administrative hearing is scheduled having been postponed once. The lawyer representing the owner is also representing a similar case for second HOA owner. I suspect that you have already read about this on hoatalk forum.
I am in the planning St ages of a lawsuit against my HOA for encumbering my home with restrictions.
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