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Anonymous
Anonymous asked in Home & GardenOther - Home & Garden · 1 month ago

Homeowner is selling home and has a pending lawsuit against a former property manager: anything the HOA can do?

I am a board member of a homeowners association.

One homeowner is in the process of selling his home.  The sale should be in a month.

The homeowner also caught a former property manager doing some things.  The former property manager resigned.  Now the homeowner has threatened a lawsuit against the former property manager, both for damages that the former property manager caused to the association and for damages that the former property manager caused to the homeowner.

The former property manager's property management agreement with the association requires the association to cover any losses that the property manager suffers while working for the association, except things that are the property manager's fault.

Question: Some board members want to stop this lawsuit by blocking the sale of the home until the owner agrees to drop the lawsuit. Our association's lawyer says that we should put a lien on the home until the owner drops the lawsuit.  The owner hasn't violated any rules and is fully paid up for all dues, so the lawyer says to just make something up and put the lien on.

What can we, as a homeowners' association, do to stop this lawsuit?  We don't want to get dragged into it.

Update:

The association isn’t being sued and doesn’t owe anything.  The threat of a lawsuit is against the former property manager.  But if the former property manager has to pay anything, he’ll come after the association.

Update 2:

We asked the association’s lawyer.  He said to make up something and put a lien on the home until the owner drops the threat of the lawsuit.

7 Answers

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  • Anonymous
    1 month ago

    If the former manager is found guilty, then that voids their agreement with the association. It would be their fault. 

    To lie and prevent the sale of the person’s home is extortion.   The homeowner is not going after the association, with this they  can. 

    Do you really want to lie. cheat and threaten the home owner.   Does that sound good to you. Is that what you want to be a part of

  • 1 month ago

    Trying to prevent a sale is punishable by law, as is extortion.  You are treading in hot water.  A homeowner has every right to sell his house and using threats or other mechanisms to try and prevent him from selling his house is legally risky.  I wouldn't want any part in that behavior.  It seems the  HOA is protected by the contract, since the property manager caused the damages himself.  Perhaps, the HOA can get the lawyer's fees paid when it wins the case.  Consult three different lawyers, all who have HOA experience.  Lawyers have different opinions and agendas, although by far, most are above board.

  • Anonymous
    1 month ago

    Green 666 by isotope rays is NOT forgivable; it leads to permanent hell. 666 is given with World Passport with no name on it (grey plastic card). Police 666 people on highways. Food stores and prisoners/insane asylum folks (released by the antichrist) 666 people too. Reject vaccines. Don't go into UFO to be “healed” by evil demons. Hide with Orthodox Christians to escape 666; leave all electronics behind so that antichrist's minions can't track you; burn documents as documents are from Satan.

    Source(s): According to the LastProphet (aka incarnated ARCHANGEL URIEL aka saint healer VYACHESLAV KRASHENINNIKOV) if the last descendant rejects mark of the beast, then his/her direct ancestors go to permanent heaven. To reject mark of the beast, one needs to hide within a 10-15 people group without electronics/documents. Documents are from Satan; burn them. Electronics can be used to track you and to show the antichrist (even on old broken unplugged TV set from 1970's using Tesla's ether); forgive me.
  • 1 month ago

    You have a fool for the Association lawyer. He/she needs to be replaced. If you do what the lawyer recommends will compound the damages and will expose other board members. It will be considered retaliatory. The lawyer may end up losing his license, but the Association will be on the hook. One way to stop this idiot lawyer is to ask the lawyer to put his advice in writing. I can guarantee, lawyer will back track.    

  • Anonymous
    1 month ago

    You need to ask a very good lawyer.

  • Anonymous
    1 month ago

    it sounds like the association should join in the lawsuit for the damages to the association

    did the manager not act in the best interest of the association and/or did they act independently which caused damage?

  • Anonymous
    1 month ago

    To stop the lawsuit: Pay for the damage that you are Contractually Responsible for! What it appears you are trying to do is avoid paying what you owe that this properly manager seems to have cost.  If it were me, I'd negotiate rather than try such legal circus tactics. 

    Additionally, this begs a few questions.  1) Doesn't the homeowner association have insurance that would pay such things?  2) Why wouldn't you just allow the insurance to pay for the damage and rewrite your contracts with future property managers to protect things better?  

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