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Can I countersue an HOA for harassment??

Asked over 2 years ago - Denver, CO

Lawsuits

My HOA has fined us for small scale violations (which we have not committed). They have since not accepted our HOA dues as they are "waiting" for the payment of the fines. Now it has escalated to taking us to court and attempting to forclose. They have checks for our past dues but are demanding thousands more for lawyers fees...etc. In the meantime, I have photographed numerous other (and more serious) violations around the building that seemingly go "unnoticed". Can I countersue for harassment...in the sense that our HOA is fining people "selectively". They are causing a tremendous amount of emotional distress for me and my family. Any advice would be appreciated.

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Attorney answers (1)

Mark Steven Cohen

Reputation Level 8

Answered over 2 years ago. Contracts / Agreements Lawyer in Boulder, CO.

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I have handled several cases like this.

The first thing to do is see if the HOA has violated its own regulations or the convenants/declarations.

Also, there is a statute the requires the HOA to act in good faith, so that is a possible basis for a counterclaim.

The problem is that it is usually cheaper to settle with the HOA than it is to litigate.

I did have one client who spent a lot of money to fight the HOA, but when it was over the HOA was much more reluctant to issue citations to him for alleged violations.

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