This transcription was AI generated
Transcription:
00:00:00 [Music] You can sue your condo or HOA for negligence. Absolutely. It happens all of the time. Our firm comes across situations wherein a homeowner had their unit damage because the association failed to maintain the common elements. Sometimes the homeowner has been damaged due to a nuisance that the association is causing. And other times it’s simply the association violating the law. And so ultimately you can sue for negligence. Negligence requires proving that the association had a duty, that it
00:00:37 breached that duty, and that as a result of that breach, the association caused you damages. As long as you have those elements, you have a viable claim for negligence against the association. However, there are alternative paths to suing your association, such as breach of the declaration, which is a contract. Often times it is preferable to sue for breach of the declaration because you have entitlement to recovering your attorney’s fees. In a theory of negligence, you may not be able to do so. If you sue for breach of the
00:01:11 declaration or alternatively for breach of the statute, there is generally speaking a path to recover your attorney’s fees and claim all the damages that you’ve suffered. [Music]
