Las Vegas Sun NewsLegal battle heats up between HOA collection agencies, investors
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11 May 2011
3:38 p.m.
The First Amendment is now at issue in the bitter fight pitting collection agencies for Southern Nevada homeowner associations against homeowners and investors in foreclosed homes.
The fight already involves legislative hearings and numerous lawsuits in Las Vegas in which homeowners and investors say they’re being gouged by collection agencies for past-due HOA assessments, fines and collection costs; and that their properties are hit with liens for these charges – and counterclaims that the homeowners and the investors are failing to pay their fair share of HOA expenses.
The fight escalated in March when three big collection agencies sued Las Vegas attorney Puoy Premsrirut, who regularly litigates against collection agencies. She and her brother Rutt Premsrirut also were sued in their capacities as investors in foreclosed homes.
The suit charged the defendants were abusing the system by filing frivolous regulatory complaints and lawsuits against collection agencies.
Attorneys for the Premsriruts have now responded, saying the collection agencies’ lawsuit should be dismissed under Nevada’s "anti-SLAPP" law barring "Strategic Lawsuit Against Public Participation" lawsuits.
"Defendants are the first real estate investors to take a hard stance against plaintiffs’ excessive and abuse collection practices of HOA assessment liens, post-foreclosure," said their filing by attorneys with the Las Vegas law firm Kung & Brown.
"Defendants’ exercise of their First Amendment Right to free speech, their right to petition and their lobbying efforts stand to cost plaintiffs (collection agencies) millions of dollars in lost revenue," the filing for the Premsriruts said. "To silence defendants, plaintiffs have initiated this frivolous and vexatious Strategic Lawsuit Against Public Participation to oppress, harass and to chill the defendants’ exercise of their First Amendment rights."
Attorneys for collection agencies Nevada Association Services, RMI Management LLC and Angius & Terry Collections LLC have not yet responded to these claims.
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The HOA collection companies see green and charge what they want knowing that the homeowners have no choice if they don't want liens against their properties. I hope the court throws out the lawsuit.
With all the people walking away from their responsibilities, the HOA's need their collection agencies. The fees only affect those people who stiffed their HOA's, and investors who do not want to contribute their fair share to maintain the HOA community Most HOA's work hard to better their communities.
It is a shame to see these attorneys trying to ruin a successful method of delivering services to residents. Local governments would not be able to deliver services as efficiently as most HOAs.
I have been an owner under the dictatorship of RMI for thr past several years. Their actions in my opinion have been arbitrary and capricious. They act like thugs, they do not respond to correspondence via telephone, email or certified mail and they continuously levy fines for unsubstantiated claims. Additionally I will add that the local HOA I belong to has a board that is composed of 3 women who should be considered obese along with a gentleman who is an octogenarian...As soon as I can find a sucker to purchase my upside down, underwater unit, I will gladly do so. RMI Sucks purple donkey sexual organs.
BTW, last time I went to a board meeting the old fat cows had nothing to say...why wont you fix the gate and it would be nice if you spent some of the 300,000.00 in our account o fix the stuff that is broken...
You are old, incompetent and irrelevant....sue me for what is owed you POS people.
This is starting to make sense. Angius & Terry also handle Construction Defect claims or Chapter 40. So, they gain access to the HOA as a collection agency, and end up handling lucrative construction defect claims. Wow, incredible.