Homeowner’s Association Liability: Know Your Rights On HOA Property

Imagine this: It’s a beautiful day and you’re strolling towards the clubhouse in your private residential community in Florida. Suddenly, you trip over a raised area on the sidewalk. The excruciating pain in your right ankle and knee is immediate. Trying to stand, you collapse as weight on your right leg is impossible. Luckily another homeowner passing by assists you and calls 911. The ambulance transports you to the hospital, where you receive treatment for a bruised knee and broken ankle. You still need to see an orthopedic surgeon, but the hospital finally discharges you. Later, the surgeon tells you surgery is necessary for your injuries. Your medical bills are mounting, you haven’t worked in weeks, and you need to seek compensation. You consult the HOA’s board to determine their insurer for filing a claim. This incident brings to light the complexities of your homeowner’s association liability.

Shortly after, the Board’s president visits you personally to extend his apologies. He acknowledges the association knew about the issue with the tree root lifting the sidewalk you tripped over but hadn’t yet addressed it before your injury. He suggests refraining from filing a claim with the association’s insurer, citing potential increased insurance premiums for you and your neighbors.

Suing an Association of Which You Are a Member

Being a member of the homeowners association or similar governing body responsible for maintaining common property doesn’t negate your recourse if injured on that property. According to Florida law, you can pursue whoever is accountable for maintaining the premises where you were injured. Therefore, you have the right to pursue your homeowner’s association, even if you are a homeowner in the community. Your homeowner’s association liability is a critical aspect to consider when addressing such incidents.

Some people fear suing their own association equates to suing themselves. However, the association is a separate legal entity often required to maintain its insurance. Its failure to uphold duties doesn’t preclude your recovery for injuries and damages resulting from negligence.

Contact Schwed, Adams & McGinley

At Schwed, Adams & McGinley, P.A., our experienced personal injury attorneys boast over 200 years of combined practice representing victims in various scenarios. These include slip and fall incidents and motor vehicle accidents. We’ve successfully handled personal injury claims against homeowner’s associations, condominium associations, and other entities where dangerous conditions led to injuries to our clients. If you or a loved one have suffered injuries due to a defect in an area maintained by your homeowner’s or condominium association, reach out to our team today for a free consultation at 877-694-6079 or contact@schwedlawfirm.com. Your homeowner’s association liability is a complex area, and we’re here to help you navigate it.