re: Anyone know a good HOA attorney in Slidell/Northshore area?

How’s this working out?

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By good HOA attorney, do you mean one that is going to tell you the truth or one that is going to tell you what you want to hear? Cause the truth is you are going to lose just like 99% of every other idiot who litigates against their HOA.

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I litigated successfully against mine. Twice.

They had a rule that you can't install a satellite dish or tv antenna where it was visible to the street or to your neighbors, effectively blocking any use other than cable tv or an antenna in the attic.

*I put one up anyway. They threatened me with fines. I told them they were in violation of federal law. They started sending me fine notices. Filed two suits against the HOA, one for personal and the other class action on behalf of all homeowners, citing the federal telecommunications act of 1997 that effectively nullified that rule and provided the ability to put the antenna wherever the frick I wanted, so long as I didn't encroach into common space or exceed 12' above the top roofline of the house to receive local over-the-air tv transmissions. Their attorney advised them to settle with me, which they did, and the judge ruled they had to strike the rule and pay damages of $25,000 plus costs and attorney fees. Everyone that had previously been denied or fined by the HOA for this rule got about $350 each.

In the second situation, the board unilaterally decided that one particular side of a street should be allowed to install 8' high fencing instead of the 6' high that was in the CC&Rs. It was not codified in a filing to the county records as required by law. It was not voted on by the homeowners, as required by the covenants, and had they actually had a vote, it would have required a 30 day notice to the homeowners of a vote, and then could only pass with a 75% majority of the homeowners. Three of the four board members lived on that side of the street. Hmm?

So, I didn't live on that street, but I submitted a request for approval to build a new 8' fence on my property and after receiving the rejection notice, I applied to appeal before the Architectural Review Committee. The bylaws stated I had to make my appeal to the committee within 30 days of receipt of rejection notice. I was denied, saying the next meeting wasn't scheduled for another 90 days and that my right to appeal wouldn't be valid after 30 days had expired, so basically, they told me, "frick off".

So, I sued. This time I didn't file a personal suit, I filed it as a class action suit, rather than a personal suit, because the actions of the board, by giving one set of homeowners rights that other homeowners weren't given, in essence created a new "class" of homeowner that had no basis in the CC&Rs. And, if it went to court, it would then be entered into public record that the board had acted outside the law, and then they would be open to personal liability. So they quickly settled to rescind the new rule they put in place for themselves, and have a vote to change the rule for everyone and they paid the attorney fees and costs. The vote was held, and passed, and all homeowners were granted rights to build an 8' fence if they chose to.

So it CAN be done, but in both cases I had clear law on my side and stupid, arrogant people running the board who were either too lazy to read and understand the law, or didn't seek out legal advice before acting arbitrarily the way they did.

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I'm curious as to what the HOA had to say once they were properly put into their place both times.

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A vote to disband the HOA managemenmt was held, and it was decided that the only way forward was to hire professional management that could guide the HOA board to keep them from fricking up or using personal animosities in their decision making. So, while we all pay a little more now, the bullshite games they used to play with people came to an end.

*edit: BTW, in Texas, they can file the lien and foreclose on your property within one year, I believe, but they cannot if it is solely based on fines. If it is dues and assessments, yes. Fines? No.

Please because I Hate mine in mandeville.

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Professional management is worse, trust me.

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YMMV

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IF you can afford it start suing the board members individually. Make them pay to get a lawyer to try and dismiss the lawsuits. These folks hide behind the HOA... bring it to their front door individually.

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First off, half the board members get roped into the shitty job, so being a dick and suing them is an a-hole move. Second, most HOAs have insurance to protect the board members personally and some verbage in the covenants to protect them personally as well. I promise that 5 of your 7 board members no longer want to be on the board but can't get others to help out in the neighborhood.