Negligence
The failure to exercise reasonable care, resulting in damage or injury to another person or their property. In the HOA context, an association may be found negligent if it fails to maintain common areas in a safe condition, ignores known hazards, or does not follow industry standards for maintenance and repairs. Proving negligence requires showing that the association owed a duty, breached that duty, and caused harm.
Common Misunderstanding
Negligence does not require intentional wrongdoing — an association can be found negligent simply for failing to act when it knew or should have known about a hazardous condition.
Related Terms
Frequently Asked Questions
How do I prove my HOA was negligent?
To prove negligence, you must show four elements: the association owed you a duty of care (such as maintaining common areas safely), the association breached that duty (failed to meet a reasonable standard of care), the breach caused your injury or damage, and you suffered actual damages. Evidence such as maintenance records, inspection reports, and prior complaints can help establish the claim.