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Are you able to sue homeowners association , lawyers, as well as management and for harassment and discrimination?

Portland, OR |

I am a board member and these harassment and discrimination because I have arguments (for my duty) with the other board member. I have very strong evidences.

Attorney Answers 2

Posted

In theory, anybody can sue anybody for anything. In practice, you can only win a lawsuit if you can demonstrate that the other person's unlawful conduct has caused you a cognizable injury. 'Cognizable' means, an injury that is substantial and measurable in some way. It doesn't have to be easily reducable to a dollar figure - but that sure helps. Mere emotional harm, annoyance and frustration is almost never cognizable harm by itself. That sort of thing is more like, a regular part of life for everyone. Note also that if you file a lawsuit and you lose, you can be ordered to pay the other side's attorney fees and costs that they've incurred as a result, particularly if your claim is deemed to be frivolous. So you really want to think carefully before embarking on any kind of litigation. If you've incurred some substantial financial injury, you should consult with an attorney about it. Obviously there's not enough information here for us to say how "strong" these "evidences" [sic] are that you have, but bear these issues in mind.

Please read the following notice: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and do not constitute legal advice or create an attorney-client relationship. No posts or comments on this site are in any way confidential. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br> Jay Bodzin, Northwest Law Office, 2075 SW First Avenue, Suite 2J, Portland, OR 97201 | Telephone: 503-227-0965 | Facsimile: 503-345-0926 | Email: jay@northwestlawoffice.com | Online: www.northwestlawoffice.com

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Posted

As Mr. Bodzin said, you can sue anyone, but you may not win. If you do not have a valid objective basis for believing your claim is justified, you might end up subject to sanctions.

Many people believe they have been harassed or discriminated against when they simply have had an unpleasant argument. Generally, that is not harassment or discrimination, which are terms having a precise definition in the law.

If you believe you have a valid claim, the best thing to do would be to discuss the details with an attorney, and find out if the attorney shares your opinion of the case.

It might also be helpful to the board if it had an attorney to help resolve questions of law which arise in the course of administering the business of the HOA.

This comment is general in nature and is not intended as legal advice. It does not create an attorney client relationship and obviously is not confidential. You should contact an attorney in your area who can review with you all of the relevant facts and give you specific legal advice.

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