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My HOA has violated my Constitutional rights, defaced my character, discriminated against us, and slanders my name publicly!

San Antonio, TX |

My story is way too long for the permitted characters on this board. I am in search of someone who will help me file suit against my HOA for the above reasons. I have witnesses and I have just had it with them! They love to control and they are out of bounds! If anyone is familiar with filing suit against HOA's in SA, please contact me so I can come in for a consultation. Thank you!

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Attorney answers 4

Best Answer
Posted

Your HOA isn't bound by the Constitution — the Constitution only restricts the government. When private actors do it, it's just being a jerk.

Asker

Posted

I believe everyone is bound by the Constitution? Anyone can be sued for violating your rights, am I not correct? I know of one case recently where a HOA just lost a huge lawsuit for mistreating people..

Charles Thomas Jr.

Charles Thomas Jr.

Posted

No, it does not apply to everyone (except the 13th Amendment abolishing slavery — no one is allowed to own slaves, period). There is a concept in the law between state actors and private actors — HOAs are not STATE ACTORS, they are private actors, and the HOA is a product of contract, not the Constitution. If an HOA lost a lawsuit, it is because it either violated the terms of its contract with its members, or because it violates some OTHER law than the Constitution ("mistreating people" can be a whole host of stuff). See here: http://en.wikipedia.org/wiki/State_actor

Heather Morcroft

Heather Morcroft

Posted

There might possibly be some sort of deed restriction imposed by a county and enforced by an HOA, where an HOA was standing in the place of a state actor, or acting in concert with a state actor. Anything I've every read about HOA's and the First Amendment always had to do with flags or signs, and there was always something involved with the county or state restrictions as well - it was never just the HOA. You would have to get with an attorney who regularly focused on HOA work.

Asker

Posted

I am not sure what all it is called, but I am sure it is not legal. I will try to find an HOA atty here and see what my options are. thank you all for your help.

Posted

The terms of use for this site do not allow the attorneys to solicit business per the forums. Please use Fina A Lawyer function to find one in your area. Many give free consultations.

This is not legal advice nor does it create an attorney-client relationship. This is for education and informational purposes only. It is always recommended that you contact an attorney with any concerns as each individual case is unique.

Asker

Posted

Is it soliciting when I am asking for one?

Posted

Recommend you contact your state bar association and ask for their lawyer referral service or use the Avvo 'find a lawyer' option.

NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.

Posted

Sounds like multiple causes of action and not just constitutional. You need to sit down and map these issue out with an experienced attorney. Good luck.

<<DISCLAIMER>> Information provided in this response is intended to be informational or educational only. It in no way establishes an attorney-client relationship. Because every case is factually (and in some instances jurisdictionally) dependent, it is not possible to accurately answer each question posed. If you have sincere legal concerns, it is highly recommended that you seek legal counsel IN YOUR AREA. A response is not intended to create, nor does it create, a continuing duty to respond. Also, Ms. Eskinde is licensed in Louisiana, so if you require immediate assistance, then you need to contact someone who is in your state, if outside of Louisiana.

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