HOA Problems

After suing his HOA, a reader wants to know if he’s really been banned from contacting HOA management or the Board.

Q: I know you’ve answered a lot of questions about HOAs in the past. But I haven’t seen you address my particular situation: Would a lawsuit against our condo association, whether I won or lost, typically prohibit all future correspondence directly with the homeowner association (HOA) board of directors?

I live in Virginia. I sued my HOA in small claims court two years ago after they did not keep a promise to reimburse me. The judge ruled against me because of a technicality, but I had the evidence to win the case.

Getting Rid of an HOA

Everyone seems to have moved forward. The board members and I are cordial and on speaking terms. No one seems to have held a grudge.

We have a link on our condo Association website for all owners to contact the property manager or HOA board with questions or comments. I have used it on occasion in the last two years.

I submitted a question recently and a long-term board member responded by saying that because I sued the Board, I have lost my “right” to contact them and must use an attorney to speak with the association attorney if I have any questions.

Common Homeowner Association Problems

His timing is curious, not to mention he didn’t back up his claim about how I lost my right. His claim also wasn’t in the judge’s ruling. And, I’m quite sure it’s not in our condo documents. Please note that this particular board member has said many inflammatory things in the past without basis.

Perhaps this is impossible for you to answer based on different condo laws in each state, but thought you might have a general idea.

A: Well, clearly this long-time board member hasn’t gotten over the lawsuit. But it’s hard to imagine that your rights as an owner to ask questions or make requests have been completely eliminated because you lost a lawsuit two years ago.

HOA Lighting: Readers Respond

If you’re on good terms with the rest of the board, you might casually ask the other board members what’s going on. Perhaps they can provide you with the information you seek. They may not want to or can’t. If that’s the case, ask them to provide some documentation citing the rule that anyone who sues cannot ever ask a question or provide commentary to the board. Ask for their answer in writing.

If there is no documentation, you could show up to the next HOA board meeting. Then, ask the HOA board point-blank why your rights as an owner have been set aside. Check your association documents for a list of what documentation your association must provide. For example, you should be entitled to review the budget, financials and even minutes of the board meetings and these documents should either be circulated by the HOA or provided to you upon request.

HOA Rules Contain Alarming Language

You might also run for a seat on the board. If you’re prohibited from doing that or from exercising your rights as an owner, as laid out in the condo declaration, your next step would be to consult with your attorney. Or, consider moving.

We can understand how an HOA board might be suspicious of a homeowner that previously sued them. You said you lost your case on a technicality. But the building as a whole incurred expenses in defending your suit. In the end, the board won and you lost. We don’t know how your case against the HOA came to be, but they’re being careful. They want to avoid future misunderstandings.

If this is your situation, you can simply make your requests in writing as provided by your governing documents. Then, the board can respond to your written requests by either delivering the documents you might be entitled to or telling you that they are unable to provide you the information you are requesting. We don’t think they can require you to hire an attorney to obtain documents that you are legally entitled to receive from the HOA.

Should I Have to Pay for HOA Minutes?

You could simply call the attorney to request the documentation you want and the attorney can respond to your requests. This process seems a bit cumbersome to us and costly for you and the board. Every time you talk to the attorney, the attorney will bill the association for their time. It seems like a waste of money for items that they have an obligation to provide to you.

On the other hand, are you making requests for information you are not entitled to get? The attorney can simply respond that the HOA isn’t required to provide you with that information.

At the end of the day, we think this one board member sounds like a pretty unhappy guy. Try to get reassurance from the rest of the board that your questions and comments are welcome. Then, try to ignore his comments and move on.