Harassment is another form of high crime in the eyes of the law which has become a reoccurring incident in society and has been overlooked because people have not been speaking up to bring the perpetrators to book.
Harassments can be abuse which can come sexually as a result of the physical outlook of the person. It can come because of the person’s gender, societal status, and so many other things. This kind of activity has led many people to blatantly reject themselves and think that they are worthless.
But the question is, Can I sue HOA for harassment?
Yes, you have the right to sue your HOA for cases that have to do with harassment because harassment is a capital offense and should not be dealt with calmly. When handled with urgency, it will help put the perpetrators where they belong.
Most people have neglected this issue of harassment because they have no one to either speak for them or stand for them, and most times they don’t have the financial capacity to pursue such cases because of so many demands that may come out of it.
What is Considered Harassment by HOA?
The following can be considered harassment by HOA:
- Verbal assaults
- Physical assaults
- Aggressions
- Abuse
Other things that are related to the listed points above can as well be considered to be harassment when it comes to issues of HOA’s.
Can I Sue My HOA for Harassment?
Emphatically yes, you have the backing of the laws to do so. No federal, state or provincial law is against this because it is a breach of anyone’s fundamental human rights, and when such occurs or happens to you or to anyone related to you, you have all the rights to sue your HOA for such acts.
If you do not take action in cases relating to this it would keep occurring and the perpetrators of such acts would be going free without facing the penalties and charges they are meant to face for committing such crimes.
Gather all the facts and evidence that will prove your point, meet an attorney and seek legal advice. If your claim and evidence are enough, you can sue the HOA and win.
How to Stop HOA Harassment
There are different ways and steps that can be taken to help stop some forms of harassment that comes from the HOA, such steps are:
- You must know your HOA bylaws, this is very important because it would go a long way in helping you to point out certain errors and penalties of harassment against anyone that commits such a crime
- Respond to your HOA on the issue of harassment through writing. This is important for documentation purpose
- Do not argue the rules
- Know all the penalties that are attached to issues of harassment
- Be pleasant
- Always report any issue of harassment known to you
- Always pay your dues
With the following steps carefully followed, you can easily put an end to the issue of harassment in your HOA.
What to do if your HOA Sues You?
The following are things you must do if your HOA sues you:
1. Pay Off Past Dues
This is very important because payment of the dues makes you a legitimate member of the HOA and gets you entitled to certain privileges you should enjoy in your HOA.
2. You Must Calculate Your Debt
If your case has to do with the issue of not paying dues, then you have to quickly calculate how much you are supposed to pay as dues to offset all your debts in your HOA.
3. Negotiate with your HOA
This is very important; you must get your lawyer ready to call your HOA and do some form of negotiation with them to make things easy for you.
4. Agree to a Payment Plan
After all negotiations, it is important that you come to an agreement on the payment plan that has been agreed on between you and your lawyer and the entire HOA.
5. All Agreements Should be in Writing
Ensure that all negotiations and agreement between you and your HOA are formally put down in writing for record and reference purpose. This is very important.
6. Defend Yourself in Court
Try and defend yourself in court if the HOA sues you. If you have enough backing, you might win and what happens when an HOA loses a lawsuit becomes history.
These are what you can do if your HOA sues you.
Can HOA Send you to Collections?
Depending on what is spelled out on the bylaws, your HOA can send you to collections. If the bylaws state enables them to do so, then it is workable, but if not, they cannot send you to collections.
How Do I File a Lien for Unpaid HOA Dues?
The following are ways to file a lien for unpaid HOA dues:
- Write to the HOA and remind them
- Check what is stipulated on your bylaws when it comes to unpaid lien dues in your HOA
- Consult your attorney for advice
- Get all your receipts and have all evidence handy
- Go to court
These are a few of the various ways to file a lien for unpaid HOA dues. However, as you are doing this, you need to do some wide consultations and get the right advice to win over it in court.
Remember, there are several successful cases where homeowners sue HOA and win. So, your own will not be a different story.
Conclusion
Living in an HOA can sometimes be funny and sometimes not funny as a result of so many issues and challenges that may arise from the HOA. If you are in one way or the other facing any of the above-mentioned issues in your HOA, the best thing to do is to follow the steps and guides listed above and get the issues resolved for either you or anyone that is known to you.
