Lawsuit
A legal action filed in court by or against the association. Common HOA lawsuits involve assessment collection, covenant enforcement, construction defects, personal injury, discrimination claims, and breach of fiduciary duty. Litigation is typically the last resort after other dispute resolution methods have failed. Lawsuits can be costly and time-consuming for all parties involved.
Example in Context
After exhausting mediation and internal dispute resolution, the association filed a lawsuit against the homeowner who had refused for two years to remove an unapproved second-story addition.
Related Terms
Frequently Asked Questions
Can an HOA sue a homeowner?
Yes. An HOA can file a lawsuit against a homeowner for violations such as unpaid assessments, covenant violations, or unauthorized modifications. However, most states encourage or require the association to attempt alternative dispute resolution before filing suit. Litigation is typically a last resort due to the cost and time involved.