Legal Question in Civil Litigation in Colorado
Harrassment
Can a member of a HOA who is in violation of the HOA rules, sue another member of the HOA for filing a complaint with the HOA and the HOA notifies said HOA member of the violation?
Asked on 7/13/07, 3:35 pm
1 Answer from Attorneys
Philip Rosmarin
Rosmarin Law Firm
Re: Harrassment
Anyone can sue anyone for anything. If you mean does such a suit have merit, based on your information, if you have filed a complaint in good faith - meaning you genuinely believe the member has violated the rules - the answer is no, it does not have merit.
Usually such a suit is dismissed for failure to state a claim (the fact that you filed a complaint is not actionable), or as a frivolous abuse of process.
Good luck.
Answered on 7/14/07, 12:28 am