How Do You Sue A Homeowners Association?
If you own a condo or live in a common interest community (such as a gated community), then chances are good that you have a homeowner’s association (HOA) that governs the rules and regulations for your living area. According to legalmatch.com, it is usually the HOA that takes one of its individual owners into court to enforce a rule or to pay a debt. Still, the HOA is a governing entity and as such there are instances when you, as an individual owner, can sue the HOA. As with any legal matter, consider speaking to an attorney in your area. Determine if you have grounds to sue the homeowner’s association. According to legalmatch.com, three common legal theories may give you good cause to sue your HOA: breach of fiduciary duty, negligent care or maintenance of the common areas, or a violation of one of the HOA rules. Breach of fiduciary duty may arise if the HOA makes decisions or takes actions without good faith (such as if the HOA puts your condo up as collateral for a bad business de