"[LONGMONT, Colo] A Longmont couple has turned the legal tables on their homeowners' association - suing it not for being too overbearing with rules enforcement but for being too lax. [Plaintiffs] complain in their suit that houses around them feature architectural inconsistencies, lawns are choked with weeds and construction projects are allowed to go on longer than the association covenants allow."
What ever happened to the good old days when men settle disagreements with their fists instead of running to Mommy?
How much money could a HOA have? Shouldn't any money it has go back into the neighborhood?
I lived in a Neighborhood Association (NA) and a good President can make a difference but it never occured to me to sue them.
In Florida, there is insurance for board members of condo assns. Unless the condo statute has changed, a board member could be held personally liable for not performing fiduciary duties. Of course, in Florida, some condo disputes have been settled with guns. A reasonable responsible board member would not put him/herself in position to be sued for neglecting maintenance. One would still have to battle those, and there are many, who don't want to pay for maintenance.
Furthermore, most HOAs have provisions in their bylaws that state that any lawsuits against the board or officers will be the financial responsibility of the property owners.
HomeOwnersHub website is not affiliated with any of the manufacturers or service providers discussed here. All logos and trade names are the property of their respective owners.