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Can a Homeowner Association Make an Owner reimburse Legal Fees for a Lawsuit Won by the Owner?

Can a Homeowner Association Make an Owner reimburse Legal Fees for a Lawsuit Won by the Owner?

Full question:

My building does not allow DogsThere are 2 Dogs in my building already.I brought a legitimate Doctors note -it says medically the Dog helps my anxiety disorderThe board fought this and hired an attorney --The board lost the caseNow the board is trying to have me pay there attorney fees of 992 dollarsI am going to fight thisyour opinion please

Category: Real Property
Subcategory: Homeowner's Association
Date: 04/07/2025
State: New York

Answer:

The answer will depend on the terms of the governning documents and whether they are suing you for the legal fees or assessing you. If they are suing you for legal fees, as a losing party, it is unlikely that a judge will award them legal fees. In a lawsuit, legal fees may be requested by and awarded to the winning party. Filing legal action against your HOA can leave an owner responsible for their share of any special assessment associated with paying the legal fees of the Association. Associations pay legal bills by increasing assessments on homeowners--including the homeowners challenging the association, who thus fund their own opposition--or by paying the cost of counsel through the association’s insurance.

For further discussion, please see:

http://www.davis-stirling.com/MainIndex/ReimbursementofLegalFees/tabid/2836/Default.aspx
http://tahoevillage.com/policies_reimbursment.html

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.

FAQs

Can an HOA charge me for their legal fees if they lose a case?

Generally, if an HOA loses a case, they cannot charge you for their attorney fees directly. Courts typically award legal fees to the winning party. However, if the HOA raises assessments to cover their legal costs, you may be responsible for those increased fees as a member of the association. It's important to review your HOA's governing documents for specific provisions regarding legal fees and assessments.

What should I do if my HOA demands payment for attorney fees after losing a case?

If your HOA demands payment for attorney fees after losing a case, you should first review the governing documents of your association. Consider consulting with a lawyer to understand your rights and options. If the HOA is attempting to assess you through increased fees, you may want to challenge this action at a board meeting or through legal channels.

Can I contest an HOA's decision to increase assessments for legal fees?

Yes, you can contest an HOA's decision to increase assessments for legal fees. Attend board meetings to voice your concerns and request clarification on the increase. You may also want to gather support from other homeowners and consider legal advice if you believe the assessment is unjustified or not in accordance with the governing documents.

What are my rights regarding HOA assessments for legal fees?

Your rights regarding HOA assessments for legal fees depend on the governing documents of your association. Typically, you have the right to challenge any assessment you believe is unfair. You can request a detailed explanation of the fees and how they were calculated, and you may also have the right to appeal the decision through your HOA's established processes.