If my HOA starts exterior construction that causes interior damages, do I have grounds to sue?
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If my HOA starts exterior construction that causes interior damages, do I have grounds to sue?
I own my condo and the HOA has started construction to the patio area connected to my unit. The workers
have now damaged put holes in my bedroom wall that connects to the patio.
Asked on February 12, 2019 under Real Estate Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Yes, you do have grounds to sue: anyone who negligently or carelessly damages your property is liable for the damage, and while you should, if they intend to set things right, give them a reasonable time to correct or fix the damage, a year is not reasonable--you are not required to wait that long.
If the workers are actual employees of the HOA, you'd sue the HOA. If it was an outside contractor they brought in, you'd sue the contractor. You can sue for the cost to repair, so small claims court is likely the best bet.
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