Tuesday, October 12, 2010

Homeowners association sues its own members, racks up $80,000 legal bill

Homeowners association sues its own members, racks up $80,000 legal bill

SAN ANTONIO - A fight between a Northeast Side homeowners association and their members has turned into an all-out war. It led to a lawsuit that has already cost more than $80,000 in legal fees. These fees will have to be paid by the HOA.

To some in the neighborhood the president of the Ventura HOA, Lisa Pfeiffer, is a bully. Eight of her neighbors say she is suing them because they tried to kick her out of office. It all started when they called a special meeting to kick out board president Pfeiffer after they became unhappy with how she was running things for the HOA.

“It's a classic example of intimidating -- picking a few people to intimidate the rest of the association, so that no one challenges them any further,” said Brenda Johnson.

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It's been said that in a democratic government, voters and not guns determine who governs. Apparently the latter is called upon to decide in Privatopia -- not weapons but hired guns in the form of attorneys.

3 comments:

seashell said...

This defies teh crazy from "normal" dysfunctional HOAs. The board (Lisa) apparently only allowed 2 candidates to be on the ballot, and one of them doesn't live in the neighborhood (or apparently even own a residence in it) but comes from a town 25 miles away!?!

Is that one for the books?

They don't need guns. They need mental health treatment in that state. Wow.

Anonymous said...

"Sometimes it's hard to divorce the interests of the owners from the interests of the association. Because by definition, the association are the owners."

Tyler Berding
"On The Commons"
October 2, 2010 at 52 minutes 55 seconds

Fred Fischer said...

To say that by definition, ..the association are the members ..appears to be an oxymoron, like the phrase, "cruel kindness." Because the association can only primarily represent the best interests of those who exclusively created it.

To explain it another way, the association after turnover (build out) by the developer cannot truly also be it's members because the minds that created the association and declaration are different than the minds who eventually become it's members at property purchase. In other words the eventual Board members are more accurately, acting on behalf of the original declaration creators to fulfill their goals and best interests while masquerading as representing the members. Unless the members can draft, create and register an association after build out that includes their best interests as can be done in Georgia. Then and only then can an association also be it's members.