3 Most Common Reasons HOAs Get Sued

Living in a condominium is a popular choice for many California residents, especially when there are amenities like pools and workout facilities available. While there are many benefits to living in a condominium community, there are often issues that can arise between homeowners and the homeowner’s association (HOA) that governs the property. Some of the common reasons that homeowners sue their HOA include:

Discrimination: When the HOA fails to provide suitable accommodations for handicapped or disabled persons, such as ramps or accessible parking spots, they are often sued for violating the Americans with Disabilities Act. A HOA can also be sued for discrimination when they refuse to accommodate people because of their disability, race, or sexual orientation.

Failure to Maintain Grounds: If the HOA does not maintain, repair, or replace common elements or units, homeowners have the option of suing, especially if someone gets hurts due to one of these circumstances. This includes failing to have broken stairs/railings replaced, damage to roofs, or maintaining common walkways during poor weather.

Pet Disputes: While most HOAs have pet policies for their communities, there are times when they can cross the line. A common problem is when a HOA fails to let someone have a service animal (usually a dog or cat) because they do not allow pets. Some homeowners have also experienced a HOA changing their pet policy suddenly, creating a situation where an owner would have to remove their pet or move.

If you are a homeowner and believe your HOA is overstepping their boundaries, contact us at Homeowner Law for a free consultation.