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Can someone who is injured in a condo complex sue the homeowners association?
I live in a condo. Someone was a guest at a party in a communal space and was injured. They are suing the homeowners association. Is this allowed?
Emily Maracle · Updated on
Reviewed by Shannon Martin, Licensed Insurance Agent.
“If you are injured on a property with a homeowners association (HOA), you can sue the homeowners association. However, the injured party would need to show that the injury was caused out of negligence on the association’s part.
This means the injured party would need to show that the HOA breached their duty of care. Since the association cares for the property, they are responsible for maintaining it. If the injury resulted from a lack of maintenance or dangerous conditions, the person has a right to pursue the association.
Since you are a part of the homeowners association, you may be required to be legally present in the case. A lawyer may choose to represent the association completely or each member may need an attorney.
The injured person and the association’s
insurance company
may also negotiate to settle out of court.”View full answer
- Gregory R.
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