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Can I sue the HOA and/or Management Company that governs my condo?

Brighton, CO |

I own a condo and we have written declarations and by-laws. Our manager has allowed people to break them for years and has illegally raised our dues to cover the expenses of cleaning up the property instead of holding individual perpetrators accountable. I have documentation proving all of this. The manager also told individual homeowners that I complained when garbage was left in the hallway causing those homeowners to harass me.

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Attorney answers 3

Posted

Too many questions to be answered on this forum. I would set up an appointment for a free consultation with an attorney who specializes in HOAs and real property

The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice. Mr. Leroi answers questions on Avvo because he strongly believes in public service from his years as a judge, magistrate, and prosecutor. If you need to ask any follow up questions because my answer did not fully address your question, feel free to call Chris or post an additional question. Thank you.

Posted

Mr. Leroi is right -- you really do need to set up some time with an attorney that works in this area to get the education you need for these issues.

Good luck!!

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

Posted

A Condo or HOA is usually run by a Board of Directors, and a management company hired by the board usually acts on instructions from the board. The board approves the budget, not the management company. The board is also supposed to make the determination as to what actions are violations of the covenants, and whether a cease and desist is worth pursuing. Do you know who your board members are? Do you go to meetings? Sounds like you may want to get involved and be heard.

This is not intended to be legal advice or create an attorney-client relationship. If more information is needed, you should consult with an attorney in your state regarding the specifics of your situation and the options available to you.