Can you sue your homeowner’s association? The short answer is most likely yes. After reading dozens of governing documents for homeowner’s associations, in my years of practice I have never seen a provision that bars a homeowner from suing their HOA.
However, that’s not to say that there may not be a set of governing documents out there that would not allow you to sue. To know for certain, you would need to read all the governing documents for your HOA including CC&Rs, bylaws, articles of incorporation, and rules and regulations, or get an attorney to review them for you
Before filing suit, you need to make sure that your Association has responsibility for the injury or damages inflicted on you, and that the homeowners’ association can be held liable in court.
For example, many subdivisions have easements the developer put in for roadways and utilities. Some of these easements may run across an owner’s property. If a utility company comes in and digs for their lines where the homeowners’ association told them they were located and the HOA is wrong, the homeowners’ association may or may not be liable to the homeowner to repair the ground, replant the grass, or otherwise restore the owner’s property to its original condition.
There are many reasons why suing your HOA may not be the preferred means for resolution to your legal issue, even if you have the right to do so. Lawsuits against homeowners’ associations can be expensive and come with an uncertain outcome. We recommend investigating other means for resolving disputes first.
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