Lawsuit Against HOA

Can Homeowners Ever Sue their HOA?

Yes. HOA members are authorized to file suit against HOA’s – or against other members – for failure to comply with the association’s governing documents or with the HAA. Fla. Stat. §720.305(1). Members can also file suit against a willfully non-compliant board member or officer in his or her individual capacity. Id. If successful, a prevailing homeowner can recover his or her attorney’s fees and the portion of assessments representing the homeowner’s pro rata share of the litigation costs the association expended in defending the suit. Id. In some cases, members can also bring suit against the association or other members under the common law – whether for negligence or a breach of covenants.

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