'Dude, get out from under the HOA's thumb': Guy sues HOA for water damage and wins, but HOA files bogus appeal

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Ben Weiss • Writer and Editor
Sep 9, 2023 8:00 AM EDT

We know all too well at this point that HOA sagas can be drawn out for what seems like an eternity. Recently, a friend and her partner were unjustly fined for using an incorrectly installed air conditioner that was built by the prior tenant, who of course had not been fined. However, it did not matter who installed the air conditioner. The fact that someone discovered the installation went against the rules not long after they moved in and started using it was enough to hand out an intense fine. And after seeking advice from a lawyer, there was nothing they could do to fight it. Even if they did fight it, they would be committing to spending hundreds of dollars on legal help that might not even pay off if they were to win (and they were not likely to win). 

 

This Redditor shared his story of fighting back against his HOA and winning. However, if anyone is good at drawing things out, it's an HOA board. They later filed an appeal that has made this entire process last more than two years and counting. We're impressed with the fact that OP has managed to handle this process successfully (so far) without the help of a lawyer, but it might be time to seek legal advice to put a definitive end to this process once and for all.

 

Keep scrolling below for the full story and for the best advice in the comments section. When you're finished, feel free to take a look at this post for more HOA drama.

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  • 01
    Plant - "Sued My HOA"
    via Shona Corsten
  • 02
    Font - Sued My HOA (I won then they Appealed) I sued my HOA for water damage. I hired an inspector that told me the damage is from sidings and window trim. HOA refused to make repairs because they claimed that the damage wasn't caused by siding. Long story short, I won the case but they appealed. After filing an appeal, they sent an inspector of their own and he concluded that the siding is damaged.
    via u/TheAnalyst-5656
  • 03
    Font - They claimed that they will complete repairs to the siding trim and interior to my unit. I want to use my own contractor for my interior. They said they want my contractor's license number, insurance, and scope of work. Yet they still have an appeal against me.
    via u/TheAnalyst-5656
  • 04
    Font - I'm confused. I sent a year begging for them to make repairs then I sue them and now they want to inspect but still appeal against me. Is this a way of them trying to get out of paying? Duh right! But do I have to give them information about my contractor? (It doesn't say anything in the bylaws but I am unsure about California laws)
    via u/TheAnalyst-5656
  • 05
    Font - For more context: I told HOA that I was having a leak from the ceiling....they ignored me for a year. I decided to write a letter demanding they respond to my request for them to get involved but they had lawyers threaten to sue me for $30k+ for repairs they did in my unit (due to a previous leak they caused...it was retaliatory). I decided to go forward with suing for $10k in spite of receiving that threatening letter and asking for mediation for many months. I won the small claims for $
    via u/TheAnalyst-5656
  • 06
    Font - I found out from the neighbor directly upstairs from me that he has been telling HOA about the sidings for 5 years and that his balcony will cause a leak in my unit in the coming years. I don't have a lawyer! I've been fighting HOA by myself for about 2 years now!
    via u/TheAnalyst-5656
  • 07
    Font - billdizzle 19 hr. ago These are ordinary requests shouldn't be a problem for your contractor to supply them
    via u/TheAnalyst-5656
  • 08
    Font - casmium63 19 hr. ago . Unless it's not a licensed contractor who doesn't actually have insurance
    via u/TheAnalyst-5656
  • 09
    Font - beachteen 19 hr. ago Not responding to a discovery request at all may lead to a default judgement. What does your lawyer say about providing this info during discovery?
    via u/TheAnalyst-5656
  • 10
    Font - Fool_On_the_Hill_9. 18 hr. ago I would ask them if they have dropped the appeal. If they have, and you confirm it, then I would expect them to obey the ruling of the court, no more and no less. If they were ordered to make repairs, you should cooperate with them. If they were ordered to write you a check for damages, they don't need your contractor's information.
    via u/TheAnalyst-5656
  • 11
    Font - If they have not dropped the appeal, you are in the middle of a lawsuit. I would not give them anything or allow them to do any work in your unit. You should talk to an attorney.
    via u/TheAnalyst-5656
  • 12
    Font - Pattonator70. 16 hr. ago 1. They are appealing to prevent them from having to pay a judgement. The appeal is a delay if anything as their inspector still seems to be putting the blame on them. You likely would win an appeal and still get the judgement but how long do you want to wait to receive payment?
    via u/TheAnalyst-5656
  • 13
    Font - 2. They are willing to make repairs. Congratulations you won as long as they are paying the full cost.
    via u/TheAnalyst-5656
  • 14
    Font - 3. Why wouldn't you share the contractor information. You want them to simply pay without an estimate from a licensed contractor? Do you know who their contractor is and are they reputable? Maybe their contractor is better than yours, maybe not. If you use their contractor are they warrantying the work?
    via u/TheAnalyst-5656
  • 15
    Font - 4. Don't make it hard to collect a judgement. Judgements can take years to collect and here you have an offer for payment. Don't fight it too hard.
    via u/TheAnalyst-5656
  • 16
    Font - whoME72 16 hr. ago . That information is it normal to give out a contractor should be readily prepared for such a request
    via u/TheAnalyst-5656
  • 17
    Font - shadowtheimpure - 8 hr. ago Discuss the matter with a lawyer. If they have an active appeal against you, any information you give could be used against you in court.
    via u/TheAnalyst-5656
  • 18
    Font - Verix19 7 hr. ago Dude, get out from under the HOA's thumb, for real. So many nightmare stories from oppressive HOA regimes across the Country.
    via u/TheAnalyst-5656

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