01 Oct What is your HOA responsible for?
When you’re a homeowner, it’s important to understand the responsibility that homeowners associations (HOAs) have to you. There’s likely a reason you chose to live in a deed-restricted community with an HOA. You wanted the protection. Now, it’s time to find out just what their responsibility is to you.
The HOA may be responsible for various aspects of your property, especially if they provide a landscaper or other people who come onto your property to provide services from time to time. There’s a fine line between what your responsibility is for property damages and what is the responsibility of your homeowner’s association. Often, this is covered within the fine print of the contract that you have with the HOA. Your homeowner’s insurance and their HOA insurance will also identify details of property damage.
Property damage can occur on a regular basis as a homeowner. There may be termite damage, contractor mistakes, negligence, and all sorts of other issues. If your HOA has failed to protect your home, they may be responsible for the property damage that you have experienced.
Personal Injury Claims
As for personal injury claims, there may be an injury within the community that isn’t on your property. For example, if there is significant damage to the road or sidewalk, that may fall within the responsibility of the HOA. You may have the grounds for a lawsuit if you are injured within your community because the homeowner’s association has not held up their responsibilities to the fullest.
Slip and falls, dog bites, premises liability, construction accidents, and more may be as a result of something that the HOA did or failed to do. This is why it’s critical to discuss the personal injury claim with a lawyer before you decide to do anything. While many homeowners choose to dismiss the claim entirely, you may be eligible for financial compensation and more. The only way to know for sure is to have a conversation with a lawyer.
There are a lot of California laws that homeowners associations need to adhere to, particularly as it pertains to liability. The bylaws will provide conditions, restrictions, and a declaration of covenants to identify everything that they are required to do. If the board that operates the association doesn’t follow the bylaws, it could create a significant amount of chaos.
Some of the assessments that they collect are designed to maintain the community. Failure to do so could result in all sorts of liability issues. This means that you need to be able to scrutinize what the HOA is really doing for you and whether they have failed to be a responsible party.
Any time that you have an issue in regards to your HOA or your community as a whole, it’s important to speak with a lawyer. You may be able to establish a lawsuit based on property damage or a personal injury that they are responsible for. You shouldn’t be required to spend your own money to rectify a situation that wasn’t your fault. Working with a lawyer who has experience with homeowners associations in California can help you to address the various concerns.
Contact RA & Associates, APC today to speak to a legal expert. You may have a property damage or personal injury case that involves your homeowner’s association. Don’t assume that you are responsible for everything, especially if you live in a community where there is an HOA. Speaking with a legal expert will help you to learn more about the different responsibilities and how the HOA may not have done everything they could to prevent what happened.