coolbreeze Posted December 5, 2004 Report Share Posted December 5, 2004 I am at my wit's end!For the last three months I have been enduring a lawsuit filed by my condo HOA - I will spare the details. In short, they filed a complaint, will want me to pay for repairs and their attorney fees.They even had a court date set but an attorney friend was able to get that postponed if we let them in to assess repairs. (Actually, very few are needed but they insist on almost "rebuilding" the place - at my expense, of course). It still meant however that I had to answer the court documents. I could not get an attorney to represent me without a retainer until the answer period for the court documents had passed. As a result it ended in a default judgement.I suggested mediation THREE times and their attorney turned it down. Eventually I found an attorney to help me with a small retainer. (I had been unemployed six months and only just returned to work). I wanted to see if the default could be overturned but he didn't think it was necessary and said the situation could most likely be resolved amicably. This was six weeks ago. Things seemed to be progressing fine with conversations going back and forth between both attorneys (according to my attorney). Latest thing I knew was that both parties were planning to meet here and would both bring a contractor. Fine! Anything to cut this short and save on attorney fees.In addition, I felt some relief as my attorney asked the assoc attorney to send all documents directly to him and not to me. There was a letter from the assoc attorney in the mail today. I immediately panicked. I opened it and found they have a court date set very shortly from now. they did not inform my attorney at all. It seems they are saying one thing to his face and doing another.What is the best course of action for me to take? I am not sure how reliable my own attorney is at this point. This should never have happend. I do NOT want to lose my home! I also cannot afford THEIR attorney's fees. Link to comment Share on other sites More sharing options...
Leadhead Posted December 5, 2004 Report Share Posted December 5, 2004 If the HOA attorney had a court date set and did not advise your attorney of it, he would be in violation of the rules of civil procedure and subject to sanctions.You need to call your attorney and get the straight poop on what exactly is going on. If he is evasive, you need to get another one. I feel for you. Your attorney is supposed to be your "comfort provider"...providing you assurance that things are being managed and looking out for your best interests. Having to worry if your attorney is competent and trustworthy coumpounds an already stressful situation. Link to comment Share on other sites More sharing options...
coolbreeze Posted December 5, 2004 Author Report Share Posted December 5, 2004 If the HOA attorney had a court date set and did not advise your attorney of it, he would be in violation of the rules of civil procedure and subject to sanctions.You need to call your attorney and get the straight poop on what exactly is going on. If he is evasive, you need to get another one. I feel for you. Your attorney is supposed to be your "comfort provider"...providing you assurance that things are being managed and looking out for your best interests. Having to worry if your attorney is competent and trustworthy coumpounds an already stressful situation.It certainly seems wrong that the assoc attorney did this without notifying my attorney, but I am wondering if the fact that I defaulted on the initial motion has overruled that aspect.I am also wondering how difficult it is to overturn that initial default judgement. I could not find an attorney to represent me at the time because I did not have money for a retainer and I did not know about the answering process.I am suspecting this "default" gives the assoc all sorts of powers to do what they want but I am not sure.I am really, really scared as I do not know my rights, do not know what can happen, do not know what THEY can do to me, and am not sure how much at fault my own attorney is here. I DO know my attorney has kept in touch with them and last week was the first time an entire week went by without communication on either side -even so this court date has been in the works, it seems, since at least the beginning of last week so that rules out the week of no communication as being the reason for it. Link to comment Share on other sites More sharing options...
LadynRed Posted December 5, 2004 Report Share Posted December 5, 2004 No motion can short-circuit the Rules of Civil Procedure. If you are represented by an attorney they MUST go thru your attorney for ALL actions. Not informing your lawyer of the new court proceedings IS a violation and I'd make sure your lawyer makes a stink about it and goes for those sanctions. How difficult it is to overturn a default depends on the strength of your case against theirs. If you can convince a judge that there were/are facts that would have affected the intitial outcome then you might succeed.Is the HOA saying you caused these damages or were liable for them ?? Link to comment Share on other sites More sharing options...
coolbreeze Posted December 5, 2004 Author Report Share Posted December 5, 2004 No motion can short-circuit the Rules of Civil Procedure. If you are represented by an attorney they MUST go thru your attorney for ALL actions. Not informing your lawyer of the new court proceedings IS a violation and I'd make sure your lawyer makes a stink about it and goes for those sanctions. How difficult it is to overturn a default depends on the strength of your case against theirs. If you can convince a judge that there were/are facts that would have affected the intitial outcome then you might succeed.Is the HOA saying you caused these damages or were liable for them ??I wonder what the judge will have to say about their violation of the rules. Thing is, they KNOW I am a nervous wreck with a lawsuit - and are probably hoping I will bend to whatever they request in the hopes I do not have to go to court, i.e. INTIMIDATIONIn short, the reason for the default is that I, first of all, did not know what all the legal docs meant, did not know initially that I HAD to "answer" them. I spent all my time trying to find an attorney and could not as I did not have money for a retainer at that time. Then, on the last day of the answering period, one of the attorneys I contacted for help happened to mention I needed to answer whatever court docs I received. News to me! It was the VERY last day, too, but I quickly wrote a letter to the assoc attorney requesting an extension in the hopes I would find an attorney in that time. He granted ONE WEEK and I was not able to find an attorney. I did not know what they meant let alone how to answer them. I did not know a default would be the result. I STILL don't know what the default really means except that it probably gives the association control over my entire life and purse!Shortly after that, I found an attorney who would represent me with only a small retainer.I guess the above would be the grounds for overturning the default, but then there's the question of overturning the entire suit. I asked them THREE TIMES to mediate and even had a mediation center contact them. I was and am very willing to work with them but I cannot afford horrendous legal fees from them (which they expect me to pay) and my nerves cannot take a lawsuit. I've never been in this situation in my life! They rejected all three requests to mediate.I answered privately on the last issue. Link to comment Share on other sites More sharing options...
hoapres Posted December 5, 2004 Report Share Posted December 5, 2004 Being, perhaps unfortunately, an HOA director :1. Is the HOA alleging that you damaged the property ?? One big myth with HOA's is that "...the Association takes care of everything...". If you're water heater breaks and damages a downstair unit then you probably are responsible. Always get individual homeowners insurance.2. Regarding mediation. You need to check the local court rules. The other side is not required to mediate. The HOA may feel that it is a "...slam dunk...", you caused the damage and are responsible. Thus, in the HOA's mind there is nothing to mediate.3. You will need to file a motion to vacate default judgment. If the HOA has a strong case then expect, assuming a successful motion to vacate default judgment, to proceed with the lawsuit. Link to comment Share on other sites More sharing options...
coolbreeze Posted December 6, 2004 Author Report Share Posted December 6, 2004 Being, perhaps unfortunately, an HOA director :1. Is the HOA alleging that you damaged the property ?? One big myth with HOA's is that "...the Association takes care of everything...". If you're water heater breaks and damages a downstair unit then you probably are responsible. Always get individual homeowners insurance.2. Regarding mediation. You need to check the local court rules. The other side is not required to mediate. The HOA may feel that it is a "...slam dunk...", you caused the damage and are responsible. Thus, in the HOA's mind there is nothing to mediate.3. You will need to file a motion to vacate default judgment. If the HOA has a strong case then expect, assuming a successful motion to vacate default judgment, to proceed with the lawsuit.Sorry - I do not respond to anyone on an HOA board or affiliated with one. Link to comment Share on other sites More sharing options...
hoapres Posted December 6, 2004 Report Share Posted December 6, 2004 Sorry - I do not respond to anyone on an HOA board or affiliated with one.While I don't have a problem with not receiving a response, Coolbreeze needs to learn some board ETTIQUETE, gets no points with me when I get a cold remark to someone trying to give advice.If you don't like the advice and can't make constructive remarks then say nothing. Link to comment Share on other sites More sharing options...
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