Can Homeowners Ever Sue their HOA?

Yes.  The Georgia Property Owners’ Association Act (GPOAA) expressly authorizes members to assert against an association a “tort action alleging or founded upon negligence or willful misconduct by any agent or employee of the association or in connection with the conditions of any portion of the instrument which the association has the responsibility to maintain.”  O.C.G.A. §44-3-231(g).  That essentially means that members can sue the association for negligence or willful misconduct, or for its failure to properly perform its duties.  The Georgia statute likewise authorizes members to bring suit against other noncompliant members.  O.C.G.A. §44-3-223.

In non-GPOAA associations, members can bring suit against the association or other members under the common law – whether for negligence or a breach of covenants.  See also Homeowners’ Association Failure to Act and Resolving HOA Disputes.

 

 

 

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