Because owning real property generally implies one is not poor, homeowner association cases typically don’t fit such a blueprint. And association-related problems tend to have unique issues and facts that require more time and money than pro bono organizations are prepared to invest.
Contingency cases are a familiar phrase to the public because of personal-injury cases stemming from a car accident. Such cases are often referred to as “pure contingencies” because the lawyer pays everything, in exchange for getting up to 45% of any settlement or judgment proceeds.
Lawyers decide to take personal injury cases provided liability is reasonably clear and the opposition is an insurer or other solvent party who can pay. Because there is an extensive body of data known to lawyers and insurers regarding the range of compensation afforded most kinds of injuries, these factors simplify the handling of personal injury cases and make them more attractive.
As you can see, several levels of case evaluation are undertaken before a lawyer takes a case on contingency because there must be a reasonable likelihood of success in order to justify risking months or years of work without compensation.
When an owner sues in homeowner association-related cases, the advantages inherent in many personal-injury cases are rarely present. Homeowner versus association cases — like business contract breaches, divorce and failed partnerships — are usually very complex.
Predictably, these cases involve substantial paper documents, computer records and multiple people acting over a significant period of time. Moreover, the law defining fault and providing damages may be uncertain or evolving. Read more:
HOA Reform Coalition 