Homeowners occasionally bring lawsuits against condo board of directors, though it’s worth noting that these legal actions often prove unsuccessful. Most homeowner’s have never used a litigation lawyer and are unaware of the costs of such a legal action. brown wooden scrable Regardless, as a board member, it’s important to maintain vigilance and avoid any misuse of authority.

Homeowners may attempt to sue board members for a range of reasons, with the most common ones being:

  1. Failure to maintain common areas or elements: Homeowners have the right to sue when HOAs neglect the maintenance of shared spaces and features.
  2. Selective enforcement: In cases where rules are not uniformly upheld by an HOA board, homeowners can take legal action for selective enforcement.
  3. Misuse of funds: Instances of theft, embezzlement, or fraud can occur within an HOA or condo association, leading to potential legal action.
  4. HOA Discrimination: Homeowners have the right to sue if an HOA board violates federal and state Fair Housing laws through discriminatory actions.
  5. Harassment by HOA board members: Board members who engage in harassment or misuse their authority can face legal consequences as homeowners seek protection and justice.
  6. Negligence: When board members fail to meet their fiduciary duties, including the duty of care, homeowners can sue for negligence. The same principle applies to condo associations, allowing owners to sue for negligence.