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Statue of Limits to sue HOA

Posted on : 04-17-2012 | By : Legal Information | In : Homeowners Association, Legal Questions, Real Estate Law, Statute of Limitations

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In 1992, the ruling HOA board stepped down and other homeowners elected themselves as the new board without going through the process as stated by the by-laws. They immediately imposed a $2000 assessment due in one month and raised the dues 37%. At the association meeting, they tried to ratify their actions by a show of hands; the by-laws clearly stated that any amendments must be passed by a 66 2/3% of the homeowners, based upon the size of each unit which was assessed a percentage, i.e., my 3-bedroom unit had a .75% voting value. This meant that every homeowner should have been listed with their voting percentage, not just counted by a raising of the hands. Three of us sued and with a bored, uninformed judge, we did not win. This whole action cost me $6350. Even so many years later, is there still a chance that because the board was illegally chosen by themselves and did not follow the by-laws to force an assessment that all their actions can be nullified?

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