Can I Sue my HOA

Can you sue your homeowner’s association? The short answer is most likely yes. After reading dozens of governing documents for homeowner’s associations, in my years of practice I have never seen a provision that bars a homeowner from suing their HOA.
However, that’s not to say that there may not be a set of governing documents out there that would not allow you to sue. To know for certain, you would need to read all the governing documents for your HOA including CC&Rs, bylaws, articles of incorporation, and rules and regulations, or get an attorney to review them for you
Before filing suit, you need to make sure that your Association has responsibility for the injury or damages inflicted on you, and that the homeowners’ association can be held liable in court.
For example, many subdivisions have easements the developer put in for roadways and utilities. Some of these easements may run across an owner’s property. If a utility company comes in and digs for their lines where the homeowners’ association told them they were located and the HOA is wrong, the homeowners’ association may or may not be liable to the homeowner to repair the ground, replant the grass, or otherwise restore the owner’s property to its original condition.
There are many reasons why suing your HOA may not be the preferred means for resolution to your legal issue, even if you have the right to do so. Lawsuits against homeowners’ associations can be expensive and come with an uncertain outcome. We recommend investigating other means for resolving disputes first.
Thanks for watching.
The information provided in this video is provided for informational and advertising purposes only. The content of this video does not constitute legal advice or form an attorney-client relationship between Macomber Law, PLLC, and any other person or entity. None of the content should be construed to suggest any result in your particular case. Each case is unique and must be evaluated on its own merits by a legal professional.

[@Fredoaye]

I’m never living in a townhome again it’s a headache

[@janetjones5959]

My HOA doesn't have a Master Insurance in place and now I can't sale my house. I'm definitely ready to take legal action against them

[@aquarius9491]

My HOA is responsible for the "Common Area" & "Roof". My roof has been leaking for a year and half with black mold & interior ceiling damage & as of today 10/09/2023 I am still suffering with this & I feel abused.

[@TheTheratfarmer]

i have returned ck.s because they state i am behind on monthly dues, no that is what the checks are for-monthly dues. i have made an attempt to pay. they refuse to accept payment.

[@ktmdays]

My road association isn't fixing the road infront of my house but I pay can I sue for a refund

[@miketan2459]

Can i pave or cement my backyard because hoa wont allow it even though its bare dirt

[@williamholcombe31]

My H O A just finley after 10 years just elected a board of which residents are on its now. They're now are placing fines for violations without proving the resident with a copy of the bylaws or rule book of this H O A ?

[@TheTheratfarmer]

how are fines related to mothly dues and all late payments? they stated unpaid dues. all bank records show i have paid dues. $20.00 late payment for what? all dues are paid up to date. fines. how are fines related to dues?

[@michaelsarac8923]

We have an HOA board that bluntly violates the rules and regulations and the state law as well. The president was in the federal prison for embezzlement. They are sending violations to homeowners, especial elderly people and immigrants and the board have been heard making nasty racist remarks about black homeowners. I have started talking to my neighbors about the fines and one of them board members started sending accusations of inciting a riot, insults, threats and bullying messages on my private messenger account. I have filed a complaint with the management company about her. My neighbors, who are renting their units out, are getting harassed due to long resolved incidents that happened years ago. They were taken off the renter's list and their tenants are being forced to move out. The board members themselves are walking to the tenants' homes, threatening and intimidating them. We are just trying to figure out what to do next to get rid off the two women on the board who clearly break every rule to bully, harass and intimidate the homeowners for their own benefit.

[@Namo-xx1sz]

plz it's the us the answer to the question "can you sue" is yes no matter the topic

[@weotalks2810]

IF U LOSE ,YR LIABLE FOR HOA LEGAL COST

[@debanda4504]

The owner pays association fee’s for their attorney

[@weotalks2810]

I JUST DON'T UNDERSTAND WHY FOLKS CONTINUE TO MOVE INTO THESE DICTARSHIP COMMUNITIES

[@77Avadon77]

The problem is they don't often start out that way

[@anna_m59]

Some areas has only HOA

[@TheTheratfarmer]

100% factual.

[@TheTheratfarmer]

it is not me bowing down, no, it is unfair. i hold everyone of this HOA bouard accoutible. fines. i have paid every due. bank records, this is ridiculas fines that accumilate very fast. i want to sue this HOA for all fines, harasment and threats of for closure.

[@Mindraker1]

You *can* sue your HOA -- it's just that you're in essence suing yourself.

[@77Avadon77]

That's the case with every governing body though.

[@TheTheratfarmer]

if i lose my property, over 20 years, after the fact of forclosure, i hold everyone involved repsopisible.

[@melissahouse3488]

You're delusional. Associations are definitely their own entity. An many need to be put under.