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Can I sue my HOA for negligence?
A set of wooden stairs leading from our condo community to the beach have been in disrepair for more than a year. I’ve brought it to the attention of the HOA board several times. Last night, my wife fell down the stairs when one of the planks collapsed. She’s bruised up and has a broken wrist. I’m furious. Can I sue my HOA for negligence?
Rachel Rigolino · Updated on
Reviewed by Shannon Martin, Licensed Insurance Agent.
Oh no! That’s horrible. Yes, you have the right to sue your HOA for medical fees. Clearly, your wife’s injuries were the result of negligence on their part.
When can a property owner bring a claim against an HOA?
- If the HOA is not making repairs in a timely manner, threatening to sue may get their attention. After all, homeowners pay HOA fees so that common property can be maintained.
- If you’re injured in a common area because of HOA negligence (as your wife was), then you can file suit against them.
- If you have proof the HOA board is not using HOA fees properly/illegally, you can pursue legal action.
- If you have been discriminated against because of race, religious beliefs, age, or another protected status, you may be able to bring a lawsuit.
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