Full question:
What is the legal definition of abuse of power as related to an elected HOA Board who pursues a lawsuit legally but with the purpose of punishing a resident who has leveled charges of corruption, which are unproven but have very good basis, in many ways.
- Category: Real Property
- Subcategory: Homeowner's Association
- Date:
- State: Florida
Answer:
Abuse of process refers to the improper use of a civil or criminal legal procedure for an unintended, malicious, or perverse reason. Examples include serving legal papers on someone which have not actually been filed with the intent to intimidate, or filing a lawsuit without a genuine legal basis in order to obtain information, force payment through fear of legal entanglement or gain an unfair or illegal advantage. The determination of what is unfair and wrong is for the court to determine on the individual facts of each case.
Lawyers who can be proven guilty of intentional abuse of process can be subject to discipline and punishment. Sometimes abuse of process may occur accidentally, such as an honest belief in mistaken facts used to bring a lawsuit against an improper party, but such missteps may be corrected through voluntary measures.
A judge may award sanctions for a frivolous lawsuit, motion or appeal. Such sanctions may include awarding the opponent costs, attorney fees, and in at least one case, the offending attorney was ordered to attend law school courses. The award of sanctions may be made by the court on its own initiative or after a motion by another party.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
