Can I sue my HOA or Condo Association for negligence? – Perez Mayoral

Yes, you absolutely can sue your condo or HOA for negligence—and it happens quite often. At our firm, we regularly see cases where a homeowner’s unit was damaged because the association failed to maintain the common elements, created a nuisance, or outright violated the law. To prove negligence, you’ll need to show that the association had a duty, breached that duty, and caused you damages as a result. However, many times it’s more strategic to sue for breach of the declaration (essentially a contract) or breach of statute, since those legal paths often entitle you to recover attorney’s fees—something a negligence claim may not allow. Please give us a call if you have any questions.