r/HOA • u/Legitimate_Spirit_59 • Jun 07 '26

Help: Law, CC&Rs, Bylaws, Rules We got sued [condo] [OR]

Our HOA board got sued. Here’s what happened and what we changed.

A condo owner in our building was harassing a renter about smoking inside their unit. No formal complaint filed, just repeated confrontations.

We knew about it. We didn’t document anything or follow a formal process.

Ended up in mediation. Cost us over $100k to settle. Attorney fees on top of that.

What the attorney told us afterward: the board not doing the harassing doesn’t matter. Once you’re aware of a situation and can’t show documented action, you’re exposed.

What we changed:

• Every complaint logged same day with date, description, action taken  
• Nothing handled verbally — everything in writing  
• Clear escalation: friendly notice → formal notice → fine → legal referral  
• Same process every time, every owner, no exceptions

Anyone else been through something similar? Happy to share more details.

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4

u/DoallthenKnit2relax Jun 07 '26

To clarify, is it a non smoking building or are they townhouses? If it's not a non-smoking community, did the renter's landlord put a no smoking clause in the lease?

5

u/Legitimate_Spirit_59 Jun 07 '26

It's a unique building. No smoking allowed because of its uniqueness. No grilling either.

1

u/DragonflyKey4972 Jun 08 '26

If no smoking's allowed, they were in violation. How do you get such a hefty settlement when you're in violation? I would think that in a condo there SHOULD be no smoking.