Homeowners’ associations (HOAs) are responsible for managing common areas, enforcing rules, and maintaining the safety and functionality of community spaces. But what happens when an HOA fails in its duties and a homeowner suffers injury or financial harm as a result? In these cases, the HOA could be held legally responsible for negligence.
Suing an HOA is not always straightforward. These organizations are often protected by bylaws, insurance policies, and layers of governance. However, when negligence can be proven, homeowners may have a valid claim. This article will explain when and how an HOA can be sued for negligence, what types of damages can be recovered, and how the legal process works.
What Is an HOA’s Duty of Care?
Like any entity managing property and services, an HOA has a legal obligation to act reasonably and responsibly. This includes:
- Maintaining common areas in a safe condition
- Conducting regular inspections and repairs
- Hiring competent vendors and contractors
- Enforcing community rules and covenants fairly and consistently
- Managing funds responsibly
The HOA owes a duty of care to all residents, meaning it must take reasonable steps to prevent harm. If an HOA breaches this duty—by ignoring repairs, failing to address hazards, or mismanaging its responsibilities—it can be held liable under negligence law.
Common Examples of HOA Negligence
While HOA negligence can take many forms, some of the most common claims include:
1. Failure to Maintain Common Areas
If a homeowner is injured due to broken stairs, cracked sidewalks, faulty lighting, or unaddressed hazards in shared areas, the HOA could be held liable for not maintaining those spaces.
2. Inadequate Security
An HOA that fails to provide adequate security or lighting in a gated community or common area may be held responsible for injuries or losses resulting from crime.
3. Poor Landscaping or Tree Maintenance
Falling branches, dead trees, or overgrown roots causing trip hazards can all create liability for an HOA if they fail to maintain the property properly.
4. Unsafe Pools or Recreational Facilities
Neglected swimming pools, gyms, or playgrounds without proper warning signs, fencing, or maintenance can lead to injuries and lawsuits.
5. Improper Snow or Ice Removal
If the HOA neglects snow removal or fails to treat icy surfaces, resulting in a slip and fall injury, that can constitute negligence.
6. Delayed or Denied Repairs
If the HOA ignores repair requests or fails to respond in a timely manner, especially in emergencies, the damage or resulting injury may be grounds for a negligence claim.
7. Breach of Financial Duties
Mismanagement of community funds, failure to purchase insurance, or non-payment of vendor services can all lead to both financial and legal liability.
When Can You Sue an HOA for Negligence?
You may have grounds to sue your HOA for negligence if the following elements are present:
- Duty of care existed – The HOA had a legal obligation to act in a way that would prevent foreseeable harm.
- Breach of duty occurred – The HOA failed to meet that duty through an act or omission.
- Causation – That breach directly led to an injury, loss, or damage.
- Damages – You suffered actual harm, whether physical, financial, or emotional.
Without all four of these elements, a negligence claim may not succeed. But if each can be demonstrated through documentation, photos, reports, and witness testimony, a case can move forward.
Limitations and Challenges in Suing an HOA
Suing an HOA can be complex, and several challenges may arise:
1. Internal Resolution Requirements
Most HOAs require disputes to go through internal grievance procedures or mediation before a lawsuit can be filed. Homeowners may need to exhaust these options first.
2. Governing Documents
The HOA’s CC&Rs (Covenants, Conditions, and Restrictions), bylaws, and other community rules often limit or define the scope of the HOA’s responsibilities. If the issue is outside their control or clearly delegated elsewhere, the case could be dismissed.
3. Insurance Coverage
HOAs typically carry liability insurance, and many negligence claims are resolved through the insurer. However, if the damages exceed coverage or involve intentional acts, a lawsuit might proceed directly against the board or management.
4. Immunity for Volunteer Board Members
Some state laws provide limited legal immunity to volunteer HOA board members acting in good faith. However, this does not protect against gross negligence, fraud, or willful misconduct.
5. Statute of Limitations
Every state imposes a time limit (often 2 to 4 years) for filing negligence claims. Missing this deadline can bar the case completely.
Steps to Take if You Suspect HOA Negligence
If you believe your HOA has acted negligently, here’s what you should do:
1. Document the Issue
Take photographs, save emails or letters, and keep a detailed record of the problem, including when you first noticed it and what communication you’ve had with the HOA.
2. Submit a Formal Complaint
Send a written notice to the HOA board, management company, or both, describing the issue and requesting prompt action. Always communicate in writing for proof.
3. Review Governing Documents
Read the HOA bylaws and CC&Rs to confirm the HOA’s responsibilities and your rights as a homeowner. This helps determine if the issue falls under their jurisdiction.
4. Attend HOA Meetings
Voice your concerns in meetings. This puts pressure on the board and adds a public record to your complaint.
5. Contact an Attorney
If the HOA fails to act and your damages increase, consult a personal injury or real estate attorney familiar with HOA litigation. They can evaluate the case and advise you on your legal options.
What Can You Recover in a Negligence Lawsuit Against an HOA?
The type of compensation available depends on your damages. In a successful lawsuit, you may recover:
- Medical expenses (for injuries caused by unsafe conditions)
- Lost wages (if you missed work due to injury)
- Property damage costs
- Pain and suffering
- Punitive damages (in cases of gross negligence or intentional misconduct)
- Legal fees and court costs
For financial or contract-based claims, such as misuse of funds or unfair fines, restitution or reimbursement may also be awarded.
Real-World Example
Consider a scenario where a homeowner trips and falls on a poorly lit stairway in a common area. The HOA had received multiple reports about the broken light fixture over several months but failed to make repairs. The homeowner suffers a fractured wrist, incurs $12,000 in medical bills, misses work for two weeks, and experiences lasting pain.
In this case, the homeowner may have a strong negligence claim. If successful, they could recover the full amount of their losses—including compensation for pain and suffering—from the HOA’s insurer or through a civil judgment.
About the Author
Neil Bhartia
Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.
