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Know your Rights |
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We need solutions to remedy New Mexico HOA Board abuse and we need access to affordable justice. |
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New Mexico HOA homeowners comments welcomed
News Briefs
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Reprinted by permission from Suzanne Star. A NM HOA lawsuit is challenging the existing HOA Act (SB497). A recent Sandoval District Court decision revealed the unpredictability of how the court "interprets" the legislation passed in 2013 and the Statute's lack of protection of homeowners rights.
The lawsuit has cost members of the association over $32,000 and the winner
is.... the attorney.
Lawsuits cost $ $ $ and all members
pay to defend. Members of Sierra Los Pinos POA who
filed a lawsuit in 2015 against the Board of Directors have witnessed the truth
about the NM District Court and the HOA Statute claimed to “protect rights.”
Rights appear to be subject to the whim of the Court, and the NM HOA Statute has
harmed, in our case, the effort; not only in time, but money. The Board upon
the advice their attorney, has diligently pursued their vendetta to hide the
records requested by the Plaintiffs. The Board has failed to mention to the
members of the association that the $32,000 in funds are still dissolving from
the association coffer. The Board could have stopped the hemorrhaging of
association money by communicating with the Plaintiffs...but they continue to
refuse. Some members are outraged, as they
should be, but for the wrong reasons. They blame the Plaintiffs for claiming
their rights to records disclosure and a timely audit. They blame the
Plaintiffs for scrutinizing board actions that border on dishonest. And then there are
the majority of members that could care less about how their money is spent and
oblivious to board abuses. The Board continues to falsely
advertises why they denied Plaintiffs their right to association records. The
lawsuit was initiated because the Board of Directors failed to uphold the bylaw
rights that grant members the oversight assurance of the financial health of the
Association. What are they hiding that’s worth $32,000? The legislators claim we got a bad
judge. Or was the HOA law written so poorly that even a seasoned judge could not
interpret the meaning? We will soon find out as the lawsuit is now in the
jurisdiction
of the appellate court.
We continue
to fight for a principle--that of openness and transparency. In the background
the attorney continues to suck money from every member of this association. Law
is supposed to be an honored profession; attorneys and judges the keepers of
justice and civilization. What has gone wrong?
Suzanne Star is a homeowner in Sierra Los Pinos POA in Jemez Springs. She has an
MBA and was a former real estate broker and HOA
president of her association and is currently in litigation in Appellate
Court about the NM HOA statute.
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