QUESTION
Can I seek reimbursement or sue HOA for false claim?
Asked on Feb 01st, 2014 on Landlord and Tenant Law - North Carolina
More details to this question:
My neighbor complained to the HOA that my fence was in their yard. The Property Manager did a visual inspection and notified me that I need to move my fence as it was on my neighbors property. I paid a surveyor to check the property lines and he determined my fence was not over the property line. Can I seek reimbursement from the HOA or neighbor for the cost of the survey and/or harassment?
9 ANSWERS
Your rights are determined by the CC&Rs and Bylaws of the HOA. You should obtain copies and then consult a real estate attorney to review them and all of the facts and advise you how best to proceed.
Answered on Feb 05th, 2014 at 8:26 PM
Thomas Edward Gates
Sorry, you will have to absorb the costs. The HOA was, however, at fault by not doing a proper investigation. So, you could get them to pay, which is hard when dealing with the HOA Board.
Answered on Feb 05th, 2014 at 8:23 PM
I would request that they pay your expenses for the survey and if they refuse, file an action in small claims court.
Answered on Feb 05th, 2014 at 3:12 PM
Litigation Attorney serving Bakersfield, CA
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Dessy & Dessy
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Take the association to small claims court to recover the cost of the survey based on the improper claim by the Association.
Answered on Feb 05th, 2014 at 3:09 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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I would sue the neighbor and the HOA only if they don't believe the surveyor's report.
Answered on Feb 05th, 2014 at 2:49 PM
Unlikely you can recover your costs but nothing, of course, prevents you from suing your neighbor and the HOA in the small claims in Michigan seeking recovery for what you spent up to $5,000.
Answered on Feb 05th, 2014 at 2:33 PM
Not likely. You did not need to engage a surveyor. To force you to move your fence, the neighbor or HOA would have needed to prove your fence encroached. Another possibility is that the surveyed boundary line is not the actual boundary at this point due to acquiescence in a different line or adverse possession.
Answered on Feb 05th, 2014 at 2:30 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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No, they had reason to believe that you were over the line, but you weren't.
Answered on Feb 05th, 2014 at 2:28 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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I suppose you can but if the other side has other evidence (they may have another survey) you may be getting involved in costly litigation which will not please you.
Answered on Feb 05th, 2014 at 2:26 PM