Depositions are taken under oath and will often be videotaped and/or transcribed. These are formal in-person interviews with someone directly involved in the case. This will include conducting interviews, gathering public documents, and taking pictures. During discovery you will be able to gather information using the following methods: During discovery you will want to gather facts, get witness statements, find out what the other party plans on saying, see how good the other party's case is, and see how good your own case is. Discovery often takes a lot of time and can be very expensive.

During discovery, you and the other party will be able to collect and exchange information about the case. As soon as the other party responds to your lawsuit, a period of discovery will begin. If more than a week or two passes without the problem being fixed, then you should consider a lawsuit.

You don’t have to wait forever for the board to fix a problem.

It is better to write a letter than to secretly record or videotape the conversation, which is illegal in several states. The purpose of the letter is to document the substance of your conversation.

After the meeting, you should summarize the conversation in a letter, which you can mail to the HOA.

If so, they could be willing to correct it immediately. For example, the board members might not be aware of the problem.There might be a valid reason why the HOA hasn’t fixed a problem. X Research source You are still at the information gathering stage right now. You should take your HOA documents and your photographs to the meeting. The purpose of the meeting is to find out why the HOA is not fulfilling its duties. Before suing, you should probably schedule a meeting with the HOA board. Also, many small claims courts hold non-traditional hours in the evening or on weekends, so bringing a lawsuit might be more convenient. Small claims court is designed so that you do not need a lawyer. In some states, you can also sue in small claims court.This way, you can split the costs of a lawyer five different ways. For example, you can get four other members of the association to join you as plaintiffs. You can reduce costs by suing as a group.Suing an HOA can be an incredibly risky tactic and should only be undertaken if you have no other options. However, if you lose, you may quickly double or triple your costs. Therefore, if you are confident about the strength of your case, you may have a good chance at having your legal fees covered by the HOA. Be aware that most CC&Rs include fee shifting agreements, which require the losing party to pay the legal fees of the successful party.Nevertheless, you should weigh the seriousness of the violation against the time and money necessary to properly sue the HOA. X Research source You certainly have the right to sue the HOA for not fulfilling its obligations. Lawsuits can be expensive and time-consuming. During the consultation, you can ask the lawyer questions which will better prepare you to represent yourself.Ĭonsider the costs of a lawsuit. However, you can still meet with an attorney for a half-hour consultation. You might not have the money to hire a lawyer.They should be able to give you concrete information regarding your case. They should not waiver or be unsure of themselves. In addition, ask specific questions about your case and gauge their knowledge based on how they answer. Ask how many years they have been practicing, how many cases they have tried, and what their success rate is. Always ask the attorney you speak with about their expertise in this particular area of the law.You should also ask other people who live in your HOA if they have ever sued the HOA and whether they would recommend their lawyer.To find a lawyer, you can contact your local or state bar association and ask for a referral.CC&Rs can be very confusing and complicated and you do not want to pay an attorney to learn a new area of the law. It is important that you find an attorney with experience suing HOAs.The lawyer can tell you about these rights so that you can bring your strongest case possible. For example, many states have laws specifically related to HOAs. An experienced attorney can advise you about your rights. You should meet with a lawyer before filing the lawsuit.

Injunction breaking hoa covenants