Suing your homeowner's association must be done in a civil court where the HOA is based.
If you own a condo or live in a common interest community (such as a gated community), then chances are good that you have a homeowner's association (HOA) that governs the rules and regulations for your living area. According to legalmatch.com, it is usually the HOA that takes one of its individual owners into court to enforce a rule or to pay a debt. Still, the HOA is a governing entity and as such there are instances when you, as an individual owner, can sue the HOA. As with any legal matter, consider speaking to an attorney in your area.
Instructions
1. Determine if you have grounds to sue the homeowner's association. According to legalmatch.com, three common legal theories may give you good cause to sue your HOA: breach of fiduciary duty, negligent care or maintenance of the common areas, or a violation of one of the HOA rules.
Breach of fiduciary duty may arise if the HOA makes decisions or takes actions without good faith (such as if the HOA puts your condo up as collateral for a bad business deal). Negligent care or maintenance of the common areas might arise if the HOA neglects to fix a raw sewage line or some other dangerous condition in the common areas. As for violating an HOA rule, check your contract/lease terms and see if the HOA is not living up to its end of the bargain.
2. Ask yourself what result you are looking for by initiating a lawsuit. In a lawsuit, you need to ask the court to give you something (such as money damages or an order that the HOA does something). If you want money damages, try to estimate how much you think the HOA owes you and weigh it against the costs of a lawsuit. Contacting a local public adjuster may help in forming an estimate. If you want the HOA to do something, consider working it out on your own without going to court (which may make your relations worse).
3. Draft a complaint and file it in a civil court located where the HOA is based. Once you have considered the two steps above, if you are intent on suing then you must draft a complaint. A complaint lists the facts against the HOA and asks the court for some form of relief. Most civil courts will have forms that you can use; if you hire an attorney, he or she will draft and file the complaint on your behalf.
4. Comply with the court orders and instructions. Once you file suit, you must follow the rules and procedures of the court. The judge will set up hearing dates and trial dates, unless a settlement is reached.
Tags: common areas, homeowner association, According legalmatch, care maintenance, care maintenance common