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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?

smoothy · May 23, 2012, 12:27 PM

Originally Posted by txtxcal

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?

SO what was it that they did wrong exactly? In way way did it cause you harm? And what way was it illegal or wrong? You are aware you can't really pick what you feel like paying. Not any place that has a Home owners association anyway.

txtxcal · May 23, 2012, 01:58 PM

The corporation that bought the propery in 2008 planned in advance the "emergency" of 2011 in order to gain ownership of units where people could not afford the assessment. They then let the property deteriorate until they decided to do the assessment.

excon · May 23, 2012, 08:03 PM

Hello tx:

You sue the corporation.. But without an attorney, you'll get nowhere.

excon

smoothy · May 24, 2012, 04:44 AM

I'll agree with excon on this... a GOOD lawyer is going to be a must... they (the Corporation) are likely to have a very good one (or even a team depending on how large they are) and have this well thought out and planned. Good luck... I have a feeling you are going to need all you can get with this.

Maybe even find other owners and go at this as a group.