Suing an HOA for Injuries on Your Property

Many of us live in and with a condominium or homeowners association (which we’ll just refer to as an HOA to refer to either one). But we don’t give much thought to how often we are on property outside our homes that is owned, controlled by, or managed by that HOA. And when we are injured around our homes and on HOA property, we often don’t know whether or not the HOA can be liable to us for our injuries.

Yes, You Can Sue the HOA

The simple answer to the question is yes, an HOA is liable if it does or doesn’t do something that causes us an injury. But just because the answer to that question is easy, doesn’t make the legal issues in most HOA cases easy or simple. Suing an HOA can have a lot of issues that you just don’t find in other kinds of injury cases.

Who Owns The Property?

The problem when someone is injured on HOA property is often related to the sheer number of entities that may own the property, or do services at or on the property, some or all of which may not be associated with the HOA. And you can bet when another company or entity makes an error, and you blame the HOA, the HOA is going to point the finger at anybody that they can to avoid liability.

Take the simple question of ownership. Often, there are issues as to what part of property a homeowner owns and controls, and which part of property the HOA owns and controls. There are issues as to what parts of property are owned and controlled by the HOA, and what parts of the property are owned by a local city or municipality or county. Parts of an HOA can be owned by the HOA, but may also be owned and controlled by smaller, neighborhood (or subdivision) HOAs.

In some cases, border surveys, or other property related documents will be needed to see who owns property where someone is injured. City records may need to be pulled to see if a given area is somewhere that the city maintains.

Even if you determine that the HOA owns a particular area where you are injured, HOAs contract with numerous third party vendors. Security companies, landscapers, food vendors, and many others, may have done work on property or have responsibility for areas where a victim ended up injured.

Don’t be Intimidated

Remember that it is illegal for an HOA to threaten you just because you sue them for injuries. Your HOA documents cannot say that you have no right to sue them for injuries, nor can an HOA evict or fine you for suing them.

Many HOAs will threaten you directly or indirectly if you threaten to sue them for injuries. Don’t let them intimidate you if you believe they have done something wrong.

Is your HOA responsible or liable for causing you injury? Contact the Tampa personal injury lawyers at Barbas, Nunez, Sanders, Butler & Hovsepian and schedule a consultation today.

Source:

tcpalm.com/story/money/real-estate/2018/03/18/who-may-liable-injuries-occurring-hoa-property/422451002/