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

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Transcription:

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You can absolutely sue your condo association for negligence. There’s many different types of causes of action a homeowner can assert against their condo association. One of them is negligence. Generally speaking, you can sue a condo association for negligence when the

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association had a duty to do something, failed to do that duty, and as a result caused you as a unit owner damages. Now, often times it’s not going to be the most effective path to take. Oftentimes, the better path to travel under is suing under a theory of breach of contract.

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What is the contract? The contract is the declaration and the governing documents of the association. If you sue for breach of contract in addition to negligence, you can receive additional remedies such as the opportunity to recover your attorney’s fees under the

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provisions in the declaration as well as breach of the statute, which allows you to recover attorney’s fees under the statute. So negligence is certainly a theory a homeowner can pursue, but the there may be other theories that are more beneficial and will allow the

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homeowner to be made whole through the justice system.