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Can you sue a townhouse association?

Updated: 9/15/2023
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13y ago

Best Answer

Definitely. Just like you can sue any physical group.

Another Answer

Depending on who 'you' are, you may have other options.

If you are not an owner, and have a legal case, an attorney can help you sue an association.

If you are an owner, when you sue the association, you are essentially suing yourself. Read your governing documents to determine whether or not the issue at hand is addressed there.

  • If it is, you may have a process documented within your governing documents that you can use to plead your case with the board or with the management company.
  • If it is not -- or if you believe that your board is in violation of your governing documents -- you can write a letter to the board requiring that the issue be handled in public at an open board meeting; that you be given an opportunity to present your case there; that the board vote on the issue, and that the issue's nexus and decision be documented in the board meeting minutes.
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Q: Can you sue a townhouse association?
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Who owns the shared wall of a townhouse?

Check your Homeowner Association by laws or any Declaration of Covenants, Conditions and Restrictions. This should describe what the Association is responsible and what the unit owner is responsible for: your governing documents define the line of ownership between what a unit owner owns and what the association owns. In all probability, the association owns the area between the townhouse shared walls, since that's where the plumbing, electricity, soundproofing, and insulation are generally located. Generally, there are reciprocal easements that allow for any repairs or improvements that must be done from either side. Rights and obligations are also addressed in such instruments as Homeowner Association Rules and Regulations and Declarations of Restrictive Covenants.


Can a church or synagogue sue for back dues?

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