txtxcal
May 23, 2012, 11:51 AM
I am in a dispute with my Timeshare company over an emergency assessment they imposed on the homeowners in 2011. I have owned my unit since 1989. I have been pursuing a possible lawsuit against them for breach of fiduciary duty. I originally decided I should sue the Homeowners Association, located in New Orleans.
Then I found some case law where the homeowner was not allowed to sue because they could not show that their damages were no different then that of the HOA. The court ruled that they don’t have “standing to sue”. My real beef is with the corporation that bought the property from the original developer in 2008. So now I am thinking I should sue the corporation. They are the ones that caused my loss and they are the ones who are harassing me over the assessment I have refused to pay. But I don’t know if I can show that the corporation has the same fiduciary duty to me as does the HOA.
Who do I sue?
Then I found some case law where the homeowner was not allowed to sue because they could not show that their damages were no different then that of the HOA. The court ruled that they don’t have “standing to sue”. My real beef is with the corporation that bought the property from the original developer in 2008. So now I am thinking I should sue the corporation. They are the ones that caused my loss and they are the ones who are harassing me over the assessment I have refused to pay. But I don’t know if I can show that the corporation has the same fiduciary duty to me as does the HOA.
Who do I sue?