As a member of a homeowner association (HOA), you have certain duties and obligations to association members and guests, which are outlined in your Conditions, Covenants and Restrictions (CC&Rs).
Most CC&R contracts require you to observe a reasonable duty of care to maintain safe premises, warn members of any known hazards and maintain all common areas, including landscaping, building exteriors, roofs and common-line plumbing pipes.
Most claims against HOAs fall into one of two categories:
Liability — that is, legal responsibility for injuries and/or property damage — depends on many factors and varies according to state-specific negligence laws and statutes. The burden of proof in establishing fault will lie with the party presenting the claim.
One of the most common types of claims presented against an HOA is for damages stemming from failure to maintain common areas.
Damages may include property damage, bodily injuries and prevailing-party attorney’s fees.
Liability for these claims is not automatic and depends on certain conditions including: