Why Does HOA Litigation Occur?
In some cases, the association needs to take action against a homeowner – for instance, in cases where the homeowner has violated covenants or accumulated unpaid assessments. In other cases, the homeowners association must defend itself – for instance, if a homeowner thinks the association has not followed through on its responsibilities. In addition, lawsuits may occur when there are accidents or injuries involving common property for which the association is responsible.
Litigation issues can be even more complicated for condominium associations because the association is often responsible for a greater level of building repair and maintenance.