Los Angeles, CA asked in Civil Litigation for California

Q: Our small HOA had 3 ''threats to sue'' against it by an owner. Because the HOA is a corp. we had to answer via a lawyer.

Because we are a Corp. we had to hire a lawyer to answer the ''threats''- very expensive! Finally we were actually sued, at that point our Insurances kicked in and now our legal defense is paid by the Insurances.

Could we have hired a much cheaper lawyer- young, newly licensed, to answer the ''threats to sue'' instead of a firm specializing in condo law? I'm on the Board and I want to know in case this happens again. In retrospect I'm thinking that the ''answers'' to the threats could have been minimal just to satisfy the legal requirements and could have been much cheaper. We did notify our Insurers at the first ''threat to sue'', however the policy does not defend or answer ''threats to sue'', we are only covered for an actual lawsuit.

Related Topics:
1 Lawyer Answer
Kenneth Sisco
Kenneth Sisco
  • Norco, CA
  • Licensed in California

A: I do not specialize in condo law, but it would seem to me that you can, and should, turn over any threats to your insurance company anyway. One certainly does not wait for a lawsuit before turning an auto accident over to your insurance company. You can certainly do a lot of harm to your case, trying to negotiate with a complaining owner. Your policy may even require you to notify them of any "serious" complaint.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.