When can a homeowner or group of homeowners sue an HOA?

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Question:

When can a homeowner or group of homeowners sue an HOA?

Answer:

A homeowner’s association, commonly called a HOA, is an entity which governs over a common interest community. Typically, the association governs over a gated community or condominium complex and has the right to enforce conditions and restrictions. There are some instances when a homeowner can sue an HOA when there’s something wrong.

For instance, a homeowner can sue when there’s a negligent care of the common areas. HOA is responsible for taking care of common areas of the property such as the walkways and lawns. However, when these common areas aren’t maintained, then the HOA is liable. Another instance is when the HOA violates any conditions, restrictions and covenants. When any of the covenants, conditions or restrictions are violated, a homeowner or group of homeowners can sue the HOA to make it comply with its own rules.

A breach of fiduciary duty is another reason for a homeowner to sue. A breach of fiduciary duty is when the HOA is not acting fairly when taking actions that will directly affect a homeowner or a group of homeowners. An example of a breach may mean not properly taking care of the HOA’s business affairs.

Since laws vary from state to state, it’s best to consult a lawyer specializing in real estate law. The lawyer will advise a homeowner of all the reasons he can sue his HOA. In addition, the real estate lawyer will file the required paperwork to sue and negotiate on his behalf.

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