Anybody who’s seen the ugly insides of the national HOA scam knows that Homeowners Associations are lawsuit machines. In most lawsuits and criminal actions Americans have access to the Due Process clause of the U.S. Constitution. In the typical Homeowners Association each member unknowingly contracts away that access. Bam! In Pennsylvania Dutch, “there goes the egg money!”
Throw away your access to Due Process and every lawyer within spitting distance knows there’s money to be had. Free money. Your money. Paint your door the wrong color and you get fined, liened, sued and you pay all the HOA’s legal expenses. Lawsuit machines. No other possible description.
In Arizona, a prominent HOA law firm is all upset by a court ruling that says lawyers can’t tack on extra legal fees they rack up trying to garnish the wages of a losing homeowner.
Rest assured, though, this law firm has a number of sneaky plans to hijack this decision. The lawyers win. The lawyers always win.
Something is basically wrong with Attorney Fees. Let me see if i get it right. Take a Case, any Case, even if small chance of winning. “Place Your Bets” as they say at the Roulette Wheel. Your Client pays your Billable Hourly Rate to “spin the wheel”, which of course has to be delayed a number of times “for technical reasons” beyond anything other than “I don’t feel like it today” (knowing each delay is a precalculated number of Billable Hours). So when the wheel is finally spun, the Total Income from the “reasonable” Billable Hours is plenty to provide a comfortable Living. BUT … the REAL incentive is the “Award of Attorney Fees” from the other side IF the ball falls in the right slot – or can be gently pushed to the right slot. THEN, Attorneys are rewarded with a comfortable living AND a nice Vacation, New Car, Bigger Home, Country Club … Depending how many times he /she “wins”. Its all in how you play the game. And who loses in this Win – Lose Game ? Clients, Homeowners, Victims, the ones who have a legitimate claim … But the incentive for the Attorney is something more than proving the Case. And the HOA Laws are stacked. Its about the money. The SAME WAY it is for Commissioned Financial Advisers … Make the Sale, never mind what is really best for the Client. Time for Attorney Fees in HOA Cases to be limited … And award of Fees to be disallowed in all but the very rarest of cases.