Featured News 2013 Common HOA Lawsuits

Common HOA Lawsuits

There are a variety of different situations when residents of a condominium complex or a gated community may find it necessary to file a lawsuit against the Homeowner's Association. The Homeowner's Association generally requires fees from every resident and uses these finances to keep the complex pristine and a suitable place to live. Yet there are times that HOA's can abuse their power and misuse funds in a way that was not promised by the association laws. Residents have every right to take legal action when they believe that their money is being misused.

The most common reason that residents file lawsuits against HOAs is because of a breach of fiduciary duty. This is the offense that occurs when an HOA that is responsible for managing financial and business affairs fails to do so. If homeowners and tenants feel that the board is not acting in their best interests, then lawsuits are permissible. Most often, these lawsuits are most effective if multiple residents have come to the same conclusion about the way that the HOA is handling a case. Typically, the residents will hire a real estate attorney to represent them collectively.

In addition to this, the HOA can be sued if residents determine that they have been negligent in caring or maintaining common areas. Typically HOAs are required to maintain all common property in a complex. This includes courtyards, walkways, pool areas, driveways and more. If the HOA is negligent in maintaining the premises, or allows defective design to cause injuries, then the HOA can be liable.

In some cases, the HOA can even be targeted with premises liability personal injury cases. For example, if there is a large tree that fell over in a storm, and the HOA fails to get the tree removed, resulting in a trip and fall accident, the HOA can be sued for this. HOAs are required to be proactive, and to be stewards of their responsibility who work hard to make things happen promptly.

IN addition to this, the HOA can be sued if they violate covenants, conditions, or restrictions that are put in place. Oftentimes the HOA will put rules in place for itself. If the HOA violates any fo these rules, a homeowner may file a lawsuit for this. The HOA and other associations are frequently viewed as "bad guys" for doling out what seem to be unnecessary fines to residents. They often find themselves in the midst of legal action.

When the HOA is sued, they are required to file a response to the lawsuit by a certain date. If the date passes without any contact, then the plaintiff's may be able to collect the financial amount that they requested in their claim due to lack of response. The HOA typically makes a point to respond back quickly, and will do so with a lawyer on their side. HOAs also will normally notify their insurance agency and see if the claim can be covered by this insurance.

As a plaintiff, make sure that the firm you are working with collects relevant files, documents, and e-mails during this time. This will help the attorney to develop a convincing case in your position. Don't hesitate to hire a local real estate attorney to assist you with your case today! You should not have to deal with poor choices of the HOA and with paying out to an association that is not doing their job. If you see anything awry with your HOA, then don't hesitate to contact the firm today to learn more about litigation. Use this directory to find a real estate lawyer near you!

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