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HOA getting smacked down

Discussion in 'The Dungeon' started by 2Fer, Dec 16, 2013.

  1. rk97

    rk97 Well-Known Member

    I havent read their HOA charter, but i think knowingly falsely accusing someone of being a child molester falls well outside the bounds of their prescribed duties.

    They can't use that as a shield any more than you could try to use your own employer as a shield if you were conducting some sort of illegal activity from your work computer.

    The HOA will pay whatever it has, and then file for bankruptcy. I doubt the guy will collect anything further.
     
  2. Shyster d'Oil

    Shyster d'Oil Gerard Frommage

    A general liability or even a D&O policy won't necessarily cover damages in defamation actions. But I hope there is coverage for the sake of the majority of the HOA members.

    The HOA may appeal, especially on the damages issue. $889,000 is a boatload, and you can see from the attitudes expressed here that the amount could easily have been more of an emotional decision by the jury rather than a rational one.
     
  3. Shyster d'Oil

    Shyster d'Oil Gerard Frommage

    Depends what the HOA owns versus what it owes. And judgments for intentional torts like defamation are often not dischargable in bankruptcy.
     
  4. sheepofblue

    sheepofblue Well-Known Member

    I was being polite. My job would be severely damaged by such accusations if not ended. So would many other jobs such as police, school teacher, etc. How about someone that owned a Day Care how many seconds would it be before their business was destroyed.

    Oh and just because you did not lose the job does not mean it was not damaging to the future of your career.
     
  5. Mongo

    Mongo Administrator

    You want someone telling you no motorcycles? House is the wrong shade of beige? Mailbox is 2" too low? Grass is 3/4" too tall? Your car is parked at the wrong angle? Your flag isn't approved?


    I will never live with an HOA again, no way.
     
  6. Flex Axlerod

    Flex Axlerod Banned

    I have a very restrictive HOA. Examples:

    When I built a play house in the back yard it had to match my actual house not only in color, but in style as well.
    My trees out front must all be the same size. If one decent sized one dies, its better to just murder the other one and get two saplings.
    Any change in exterior color must be approved.
    My RV can set out front for no more than 48 hours.
    and a million other things.

    And I pay about $900 per year for them to restrict me. good times for sure.

    Thank goodness we plan to move next year. Downtown high rise, here we come!
     
  7. R Acree

    R Acree Banned

    Are they more lenient on the RV?
     
  8. Flex Axlerod

    Flex Axlerod Banned

    Its for sale. Going back to hotels for racing. Paying for an RV just to use it 8 times a year does not make sense.

    We are moving downtown because my daughter will be attending Wilson School for the Performing Arts and it is in the Dallas arts district and we want to be close.
     
  9. ductune

    ductune Well-Known Member

    We have a few idiots that control everything in our HOA.
    I'm in a neighborhood that only has 32 sites. Many are vacant lots. There are two builders that own the vacant lots and they get a vote for each lot. That's in the bylaws, one vote per parcel.

    Both builders are officers of the Board (voted for themselves) so the two of them along with just a few of the other homeowners have the majority of the votes.
    Makes for a lot of drama and silliness that sometimes costs everyone else.
    I think we would be better off without the HOA but the board holds the majority of the votes.
     
  10. XFBO

    XFBO Well-Known Member

    Anyone who moves into an HOA, deserves the grief they dish out..... Merry Christmas everyone.





    Well, except for what happen in the o/p.
    :D
     

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