Suing HOA or Condo Association
An unhappy homeowner may sue both the condo or HOA board as well as members of said boards but it is not always a simple process. Read on to learn more.
Can HOA Board Members Be Held Liable?
HOA and condo board members are not immune from personal liability. If the court finds that a board member engaged in fraud or malevolent activities they can be held accountable. For example, if a board member uses benefits that are not permitted to be used by non board members or when they use the funds held by their HPA for personal use. Similarly, if they are financially negligent, they open themselves up to possibly being sued. Owners of a home can also sue if it is felt an HOA member puts their own interests ahead of those of the community. For example, utilizing the services of a family member for property repairs.
What Can You Sue an HOA For?
While homeowners can attempt to sue board members for any reason. Here are some of the most typical reasons:
- Failure to maintain common areas or elements
- When the HOA does not uniformly enforce rules
- Misuse of funds.
- When an HOA board violates federal and state Fair Housing laws
- HOA board members harass by using the law as a weapon to protect themselves and seek retribution
- Negligence
Specific Reasons to Sue an HOA Board
- Inadequate or lack of security (such as placing security cameras at gates or on private roads)
- Remodeling disputes or denial of architectural changes
- Holiday decoration disputes
- Flag restriction disputes
- Election disputes
- Pet disputes
Specific Reasons to Sue a Condo Board
- Failure to maintain common elements
- Failure to ensure safety in common or shared spaces
- Election disputes
- Pet disputes
Source: https://www.hoamanagement.com/can-you-sue-hoa-board-members/
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