Are you thinking of how to sue your HOA and win? Well, every citizen either by birth, registration, naturalization, marriage, or conferment has the legal right to sue and be sued. This is something every law recognized.
However, when you feel intimidated, abused, or you’re not given the freedom to fundamentally express yourself in a certain way, you can either sue the person, the body, or the organization that is coming against you and gets the justice you deserve.
How to Sue Your HOA and Win
The best ways to sue your HOA and win are by:
- Reading your HOA documents to ensure the HOA is actually at fault
- Reaching out to your HOA to draw their attention towards the intended issues or challenges bordering you
- Ensure to documents the several times you’ve reached out to them yet no improvement
- Save all the evidence you can present to the court against your HOA: These may include; pictures and videos, board meeting minutes, violations of notices, delay in repairs, breach against covenants, etc.
- Ensure you send a demand letter
- Contact a lawyer. It has to be a qualified attorney who is very good at HOA-related issues. Ensure to meet a lawyer first before filing a lawsuit.
These are basically certain ways you can sue your HOA and win. Yes, a homeowner can win a lawsuit against HOA.
What Can an HOA be Sued for?
Your HOA can be sued for:
- Mismanagement of funds
- Neglected landscaping
- Failure to enforce rules that has to do with noise and also about barking dogs in the HOA
- Delays in maintenance and delay in repairs of certain things in the HOA
- Discriminatory or selective enforcement of rules against residents in the HOA
- Breach of the HOA’s covenant
- Breach of fiduciary duties of the HOA
These are certain things that can lead you into suing your HOA and in the end, win them. When you observe that any of the aforementioned things have been done either against you, you can sue the HOA and let them answer for themselves.
However, if you must sue your HOA, then you need to gather enough tangible evidence to back up your claims. You also need to meet a legal practitioner who is very good at HOA-related issues for legal advice before filing the lawsuit.
Can I Sue my HOA for Mismanagement?
Yes, you can make up your mind either as an individual or as a group in an HOA to sue your HOA for mismanagement of either funds or anything that they have mismanaged. You have the right to do so because you are a legal member of the HOA and also a financial member of the HOA
No one would ever stop you from doing so, and if you are on the right track, with the right documents, information to the court, and witnesses, then you can sue your HOA for mismanagement and win them.
How to Sue HOA for Discrimination
If you are a victim of discrimination in an HOA, you can easily file a lawsuit against them with your state’s fair agency, local fair housing, and equal opportunity, or you can contact your HUD. The ways to go about these include the following:
- Call your HUD case managers using the following toll-free lines (800) 669-9777, or TTY (800) 927-9275, you can also use the HUD link for their directory or use your designated country toll-free lines to do so
- Contact your state or countries agency that is in charge of acting against discrimination
- Use their directory and give them certain information they need to know about the discrimination
- Keep evidence of such discriminatory acts
These are steps on how to sue your HOA for discrimination. You can contact your local authorities to guide you on the procedure to follow.
If you have enough evidence, you actually win and what happens when an HOA loses a lawsuit becomes history to you. All you know is that justice has been served.
What Kind of Lawyer Do I Need to Sue my HOA?
The easiest and most qualified lawyer to contact when you want to sue your HOA is an experienced real estate attorney. He/she will help you to evaluate all your claims against your HOA, brief you on the readily available remedies to your claims, file the lawsuit in a proper and most qualified way, and represent you in court.
This is the right kind of lawyer or attorney to contact when it comes to the issue of taking your HOA to court. Remember, Homeowners associations are tough to beat in court. You must make use of the best to stand a chance of winning.
Can a Board Member be Sued Individually?
Yes, aggrieved residents of an HOA can sue a board member of an HOA individually for improper maintenance of the area and environment, discrimination against human while enforcing a rule. This can be done to an individual board member of an HOA who goes against certain laws while doing his/her duties.
In certain cases, it may not necessarily be the HOA that told him/her to do so but some individuals can abuse their rights, powers, and privileges.
When Can Board Members be Held Personally Liable?
Board members of an HOA can be held liable to some issues when they have acted out of the jurisdiction of powers conferred on them by the HOA.
This is very simple because certain individuals do not know their limits when it comes to the handling of powers.
There is a saying that “power corrupts, and absolute power corrupts absolutely”, this is certain cases when a board member of an HOA can be held personally liable in issues that have to do with the HOA. But asides from this, it is quite difficult to do so.
Final Thoughts
Living in an environment does not limit or infringe on your human rights, if by chance or anytime you feel that your rights as an individual have been trampled on by your HOA, you can use the following ways and means to tackle it and get victory in court.
