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?
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Answered on Jul 19, 2021
Emily Maracle is a car insurance specialist living in New York. Originally from the Pacific Northwest, she has a degree in English Literature and a background in customer service. She enjoys cooking, gardening, and living sustainably. In the future, she can't wait to upgrade to a hybrid or electric car.
“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.”
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