OMAHA, Neb. (AP) - A judge says an Omaha woman can keep the basketball hoop that her homeowners association had fought.
Omaha television station WOWT says (http://bit.ly/AcJKGt) Jill Lewis had the hoop installed for her three sons at their home in Merrifield Village.
The homeowners association took her to court, saying she'd failed to get written permission for the external improvement.
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Early March Madness. What's really crazy is these cases end up in the courts. Can you spell frivolous litigation?
1 comment:
WInding up in court is far better than allowing the HOA corporation to decide the outcome via ADR, private fining, or threats of court.
You know the HOA attorneys always claim to be representing all the homeowners (as opposed to the HOA corporation). I'd like to see that as an admission by party opponent when the homeowner sues the HOA attorney for malpractice and breach of fiduciary duty.
After all, if she is his client as he alleges then he has acted in a manner to harm her. If his argument is that he was protecting other homeowners that he had a fiduciary obligation to (he wasn't) then the rebuttal would be that he should have withdrawn from representation since he couldn't represent one client against another in this fashion. The harm is the legal bills that the homeowner was forced to incur as a result of this fiasco as well as the fees that the HOA corp paid the attorney from assessments collected from this and other homeowners. The HOA attorney's ego might suffer a bit from the loss but his pocketbook fattened as a result of this litigation. he can no doubt buy something to satiate the ego problems.
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