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.

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Answered on 7/14/07, 12:28 am


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