Homeowners Association Legal Dispute

Summary

In California, homeowners associations (HOAs) must maintain common areas and respond to maintenance requests under the Davis-Stirling Act. The statute of limitations for negligence is generally two years, but tolling may apply if a lawsuit was filed timely. Potential claims against an HOA include breach of fiduciary duty, intentional infliction of emotional distress, and wrongful death, if applicable. For emotional distress claims, evidence of extreme conduct and severe distress is needed. Wrongful death claims require proving a direct link between the HOAs negligence and the death. An attorney can assist with creditor communication and debt negotiation during litigation. Consider consulting a local attorney for personalized advice and to explore all possible legal avenues.

Full Conversation

I am in the middle of a lawsuit with my homeowners association. I had a sewage flood five years ago the CC and ours say they are responsible. They ignored me. I had to put my house back together. My disabled sister had to get a job to help out and she died suddenly.
****, I'm really sorry to hear about your situation. To give you the most relevant information, could you please tell me which state you are located in? This will help me provide specific rules and laws related to homeowners associations in your area.
I am in Aliso Viejo California
****, I'm really sorry you're going through this. In California, homeowners associations (HOAs) have specific obligations under the Davis-Stirling Common Interest Development Act. Here are some key points:
- HOAs must maintain and repair common areas.
- They are required to respond to maintenance requests.
- You may have grounds for a negligence claim.
Would you like more information on pursuing legal action against your HOA?
I filed so that the statute of limitations would not run out and I’ve employed in Attorney since then, but he says the statue a limitation’s has run out on neglect. How can Ithe statute of limitations would not run out and I’ve employed an attorney since then, but he says the statue of limitation’s has run out on neglect. How can that be
****, based on your situation, the statute of limitations for negligence in California is generally two years. However, certain actions can toll (pause) the statute, like filing a lawsuit.
Could you provide more details on when exactly you filed the lawsuit and any significant actions taken since then? This will help clarify your case.
Yes, I would like more information because at this point I’ve lost everything including my sister, fighting them to make them do their job
****, I'm very sorry for your loss and the distress you're experiencing. Given the complexity of your case, here are some general points:
- California's statute of limitations for negligence is two years from the date of the incident.
- Tolling can occur, pausing the statute of limitations, which may apply if you filed the lawsuit timely.
Could you specify the exact date you filed the lawsuit and any key actions taken since then? This will help in determining if tolling applies to your case.
So I employed an attorney in * he was an attorney that usually represents the H away but he took my case because he said I had a very strong case. My sister was still alive. At this point this was during Covid, the height of Covid I had to fix my house because my sister was very disabled And I could not get a contractor to come in to a house that had a sewage flood during Covid, the attorney I had then said that he couldn’t get a hold of me so he dropped me. He had multiple ways to get a hold of me, and none of those were approached Out of $*,* he refunded * he skews me *. He filed the initial statue a limitation’s the attorney I now have told me that that has ran out and he hast to find a new way to go after them. How about knowingly and willfully not doing their job because now they’re charging me late fees for my dues I’m paying my dues I just can’t pay the late fees because they took all my money and threatening to lean and foreclose on me . My sister is dead.
Case Rating: *.
****, it sounds like a very challenging situation. Given the circumstances, you might have a potential legal malpractice claim against your first attorney if he failed to properly handle your case. In California, the statute of limitations for legal malpractice is one year from the discovery of the malpractice or four years from the date of the malpractice, whichever is earlier.
Would you like more detailed information on pursuing a legal malpractice claim?
Yes, please. Also, if that is the case, at the statue, a limitation has run out on neglect for my HOA, my sister had to take on a part-time job. She was very disabled, because we had no money cause I had to fix the house and she died. She was terrified of fire, terrified, and I had to cremate her because I had no money, so what other charges can we bring them up for because as of yet my HOA has not reached out to me and if I have not spent money to fix my entire downstairs, I still would not have a home my sister and I spent two Christmases and all the holidays in my backyard with no electricity no running water no stove nothing
****, I'm really sorry for everything you've been through. Here are some potential legal avenues to consider:
- Negligence: Even if the statute of limitations has run out, consult your attorney about any tolling possibilities.
- Breach of Fiduciary Duty: Your HOA may have failed to act in members' best interests.
- Intentional Infliction of Emotional Distress: If their actions were extreme and outrageous.
Would you like more detailed information on these potential claims?
Yes, please and the death of my sister cannot enter into it because she would still be here. If she didn’t have to go to work I was supposed to be taking care of her and because the H away just didn’t want to do their job she had to get a part-time job, and now she’s dead.
****, I'm so sorry for your loss and the difficulties you're facing. Here are some potential claims you might explore:
- Breach of Fiduciary Duty: HOAs have a duty to act in the best interests of their members.
- Intentional Infliction of Emotional Distress: If their actions were extreme and outrageous.
- Wrongful Death: If you can establish a direct link between the HOA's negligence and your sister's death.
Would you like more detailed information on any of these claims?
yes, please
Sure, ****. Here are some more details on the potential claims you might consider:
- Breach of Fiduciary Duty:
- HOAs must act in the best interests of their members.
- Failure to repair and maintain common areas could be a breach.

- Intentional Infliction of Emotional Distress:
- You must show their conduct was extreme and outrageous.
- You need to prove this caused severe emotional distress.
- Wrongful Death:
- You need to establish a direct link between the HOA's negligence and your sister’s death.
- This often involves proving that their inaction directly led to the circumstances causing her death.
Would you like to explore any of these claims in more detail, or do you have another specific concern?
The emotional distress definitely because that is a big part of it. I scream and cry all the time because I have no freedom no choices. I had money I had a retirement. I had an Ira that was making money, and I have had to borrow money. I had a great credit score I now have poor credit. My bills are calling me all the time and I was sad. I had the money to stop working take care of my sister and live nicely and they just took it all so I want to explore any and every charge I can bring against them because it is been five years and I’m sure their lives haven’t changed but I’ve lost everything And they know it
****, I’m really sorry for all you're going through. For an Intentional Infliction of Emotional Distress (IIED) claim in California, you need to show:
- Extreme and outrageous conduct by the HOA.
- Intent or recklessness.
- Severe emotional distress.
- Causation between their conduct and your distress.
Would you like guidance on gathering evidence for this claim?
Yes, pleaseW
****, here are some steps to gather evidence for an Intentional Infliction of Emotional Distress (IIED) claim in California:
- Document Everything: Keep records of all communications with the HOA, including emails and letters.
- Medical Records: Obtain medical records or notes from therapists detailing your emotional distress.
- Witness Statements: Collect statements from anyone who witnessed the HOA's conduct and its impact on you.
- Financial Records: Gather evidence showing the financial impact on you, like bills and credit reports.
Would you like more detailed information on any of these steps?
Yes please also, is there anything my attorney can do for me with all of these bills that I have that they’re now calling me can he send a letter explaining that I am in the middle of litigation I’m making my payments I just can’t make the late payments I can’t even eat I’ve been working since I was * to own this house and I spent the last 24 years paying dues so that they could treat me poorly?
****, your attorney can indeed help with your bills during litigation. Here are a few steps:
- Communication with Creditors: Your attorney can send a letter to your creditors explaining your financial situation and ongoing litigation.
- Debt Negotiation: They can negotiate with creditors to lower your payments or waive late fees.
- Financial Hardship Documentation: Provide evidence of your financial hardship, which can be used to negotiate better terms.
Would you like more detailed information on how to proceed with these steps?
And definitely the wrongful death I would like to do have more information because I can prove it definitely
****, I'm very sorry for your loss and the situation you're facing. For a *Wrongful Death* claim in California, you need to establish the following:
- Duty of Care: HOA owed a duty to your sister.
- Breach of Duty: HOA failed to fulfill this duty.
- Causation: Direct link between their breach and your sister's death.
- Damages: Quantifiable damages resulting from her death.
Would you like more detailed guidance on gathering evidence for a wrongful death claim?
Yes, please
****, I'm so sorry for everything you're going through. For a *Wrongful Death* claim, gathering evidence is crucial. Here are some steps:
- Document Duty of Care: Records showing the HOA's responsibility towards maintaining the property.
- Prove Breach of Duty: Evidence that the HOA failed in their duties.
- Establish Causation: Medical records or expert testimony linking the HOA's negligence to your sister's death.
- Measure Damages: Financial records showing the impact of her death.
Would you like more detailed guidance on any of these steps?