Our HOA was just served with a lawsuit. What should the board do first?

By OurHOA · General information · Revised November 1, 2026

What to do after your HOA is served with a lawsuit: answer deadlines in TX, FL and CO, tendering to the insurer, closed sessions, owner notice and a 30-day plan.

Part of the HOA board handbook: running the board.

The short answer

Treat the papers as a deadline, not a letter. The day the association is served, scan the citation or summons and the petition or complaint, send them to the association's insurance agent with a written request to tender the defense, and get them to an attorney who handles association defense. In Texas the written answer is generally due by 10:00 a.m. on the Monday after 20 days from service. In Florida the defendant generally has 20 days to serve an answer, and in Colorado 21 days to file one. Miss that date and the plaintiff can ask for a default judgment without the board ever telling its side. Everything else, from the board's strategy to what owners hear, can wait a few days. The deadline cannot. Rules vary by state, by court and by your governing documents, and this guide is education for board members, not legal advice. Once you are served, the association's attorney runs the case.

Find out who was served and start the clock

Papers usually reach the association through its registered agent, which may be a director, the manager or a commercial agent service. They can also land on a president's doorstep. Whoever receives them should write down the date, time and method of service on the first page and send a copy to every director that day. That date starts the clock. Read the first page closely. It names the court, the case number, the plaintiff and every defendant. Check whether any director, officer or the manager is named personally as well as the association. Each named person has their own deadline and needs to report the suit to the insurer in their own name. Then put the answer date on the board calendar: - Texas: Rule 99 of the Texas Rules of Civil Procedure requires the citation to tell the defendant to file a written answer by 10:00 a.m. on the Monday next after the expiration of 20 days after service. Papers served on Friday, November 6, 2026 hit day 20 on Thursday, November 26, so the answer is due by 10:00 a.m. on Monday, November 30. - Florida: Florida Rule of Civil Procedure 1.140(a)(1) gives a defendant 20 days after service of process and the initial pleading to serve an answer, unless a statute sets a different time. - Colorado: C.R.C.P. 12(a)(1) gives 21 days after service of the summons and complaint, or 35 days when service happened outside the state or by publication. A suit in a Texas justice court or a county small claims court runs on a different schedule. Our guide on responding when an owner sues the HOA in small claims court covers that track.

Get the papers to the insurer and the attorney the same day

Send the full set of papers to the insurance agent in writing and ask the agent to tender the defense to every policy that might respond: directors and officers, general liability, and any umbrella. Ask for written confirmation that each carrier received it. Do this before anyone hires a lawyer. Many policies give the insurer the right to pick defense counsel, and some will not repay fees the association ran up before it reported the suit. Expect one of three replies within a few weeks: the carrier accepts the defense and assigns a firm, it accepts under a reservation of rights letter that lists the claims it may not pay for, or it denies coverage. A reservation of rights letter is common and not a reason to panic, but have the association's own attorney read it, because some claims in the suit may end up uninsured. If the answer date is close and the carrier has not assigned counsel, do not wait on them. Have the association's general counsel file an answer or ask the plaintiff's lawyer in writing for an extension. Tell the carrier you did so. Our guide on how to hire an HOA attorney covers choosing one before you need one.

Decide in closed session, vote in the open

Talk about the suit with the attorney in a closed session, never by email chain or group text. Texas Property Code section 209.0051(c) lets the board adjourn and reconvene in executive session for pending or threatened litigation and confidential communications with the association's attorney, and any decision made there must be summarized orally and in general terms in the minutes, with a general explanation of expenditures approved. Florida section 720.303(2)(a) exempts meetings between the board and its attorney about proposed or pending litigation from the open meeting rule when the discussion would be privileged. Colorado section 38-33.3-308(4)(b) and (f) allow a closed session for consultation with counsel about pending court proceedings and for reviewing counsel's advice, and section 38-33.3-308(5) requires the chair to announce the general matter first. The board usually needs only a few formal decisions in the first month: who speaks for the association, who works with the lawyer, whether to pay a retainer or the policy's retention, and how much settlement authority anyone has. Keep settlement authority with the full board unless the board votes to delegate a dollar limit. A motion for the open session can read: "I move that the board authorize the president to act as the association's contact with defense counsel in [case name and number], approve payment of the insurance retention of up to $[amount] from the operating account, and reserve all settlement decisions to the full board."

What owners hear and what they can see

A lawsuit is a public court record, and owners will hear about it. A short, neutral notice from the board beats a rumor. Do not discuss the merits, the plaintiff or the insurer's position. A notice the board can adapt: "The association has been named as a defendant in a lawsuit filed in [court] on [date], case number [number]. The board has reported the suit to the association's insurer and is working with legal counsel. Because the case is pending, the board will not comment on it beyond this notice. Owners can view the public court file through the clerk's office. Please direct questions to [contact]." Owners may also ask for the attorney's letters and invoices. Texas section 209.005(d) says the attorney's files are not association records and need not be produced, apart from invoices an owner may request under section 209.008(d), and the association need not produce privileged communications or work product. Florida section 720.303(5) keeps privileged records and attorney work product prepared for litigation out of owner inspection until the case ends. Colorado section 38-33.3-308(4.5) lets the board choose, once the matter is resolved, whether to keep the privilege or disclose the information in an open meeting. Plan for the cost of the case in the next budget, and say so plainly at the budget meeting.

A sample first 30 days

Here is how a well-run board handles a Texas suit served on a Friday: - Day 0: The registered agent notes the service date and emails the papers to all directors and the insurance agent. - Day 1 or 2: The agent confirms the tender to each carrier in writing. The president calls the association's general counsel and sends the papers. - Day 3: The secretary sends a hold notice telling directors, committee members and the manager to keep every email, text and file about the dispute. - Day 7: The board meets in executive session with counsel, then votes in open session on the contact person, the retention and settlement authority. - Day 10: The board sends owners the short notice. - Day 14 to 21: The carrier responds. If it assigns counsel, general counsel hands the file over. - Day 24: Answer filed by 10:00 a.m. on the Monday deadline, or a written extension is in hand. - Day 30: Counsel briefs the board on the next deadlines, such as initial disclosures, and the treasurer records the expected retention in the budget. In Florida and Colorado, shorten this calendar to fit the 20- or 21-day window.

Mistakes boards make after being served

- Leaving the papers in one director's kitchen drawer. A default judgment is far harder to undo than an answer is to file. - Calling the plaintiff to talk it over. Anything a director says can be used in the case, and the attorney should handle every contact. - Hiring a lawyer before telling the insurer, and then learning the policy will not repay those fees. - Forgetting the directors named personally. Each one needs a tender in their own name and should confirm the association's indemnification provision applies. - Deleting old emails or texts. Once a suit is filed, the duty to keep records is plain, and lost evidence hurts more than bad evidence. - Debating the case in open forum or on the neighborhood social media page. Keep it to closed sessions with counsel and short written updates. - Treating settlement as a secret deal. Approve any settlement by board vote, record it in the minutes in general terms, and pay it as the governing documents and the budget allow. If the suit started as a threat the board already received, our guide on what to do when an owner threatens to sue the HOA covers the pre-suit steps that may still apply.

Sources

These guides are general education for HOA boards and residents, not legal, tax, or financial advice. Rules vary by state and by your community's governing documents - check with a professional for your situation.

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