I am trying as prevailing party prose to file a Motion for Recovery of Attorney Fees from an HOA prescribed claim in Louisiana.

Immediately after Katrina I was forced to extend my garage to survive and save personal art and property as the house was gutted.

I was a recent widow in her 60’s, a caregiver without their hospital or doctors remaining, my own general contractor ; and without storage, pods,
hotel or Fema trailer available for many months.

The HOA held its first meeting since Katrina years later; however, the head person of the ARC originally left a threatening nasty message on my phone, and came on my property after the extension was 90 percent complete. He acted hostile, verbably and physically threatened everyone working on the property. He refused to look at the sketch drawings or allow me to submit my forthcoming architectural plans. Within hours he had the Parish Code Enforcement on the property to no avail. A Cease and desist letter was sent after the extension was completed.

The HOA claim included letters of violation covenants i.e. each home must have a garage but ignored the (and/or carport) which I had not replaced the metal top yet. Secondly, this representative of the ARC refused to look at the garage extention plans. I did not replace the expensive garage door system since he said he would have the extension torn down. I put up glass doors so they claim it is living space.

The ARC person claimed in front of 45 people he had not talked to me in 5 years when I brought up his actions before the HOA meeting. The HOA said they would not sue if I brought in my proof of original plans but they had already filed weeks earlier. Their lawyer faxed they would not ask for a permanent injunction but amended it to be exactly that when served. Then the HOA said I needed yet another set of plans for a third garage for them to drop the suit.

The HOA refused to call the architect for proof plans were almost finished to be delivered the next day. Then I was told I would have to pay their attny fees to dismiss the suit… The lies and changing the story kept up along with insulting conversations and actions.

The HOA should have known the violations had prescribed long ago and lost with prejudice. In the process of pushing me to spend my rebuilding funds on defending a prescribed claim, I did much long, heavy labor myself under unnecessary deadlines and stress until I fell and broke my neck… I had to learn to walk again.

So in light of the above I am hell bent to get my intended rebuilding money back. Please, will someone tell me the precise Statute numbers for recovery of attny fees under these circumstances. Most likely it is the bad faith for purposes of harrassment. If there is anything about attny fees and litigation in my act of sale papers, maybe contract law applies.

I would not object to any case law I could research and use either. I would also think their is some civil rights violation or Disaster Area rule or law about harrassment of victims?

Thank you

CaSSandra