How to Sue a Condo Board. The condominium owner depends upon the condo's homeowners association board of directors to maintain, repair and keep safe the common areas of the property. When the board fails to do so, the condo owner may file a lawsuit to force the board to correct the problem.
Recognize that the board of directors has a legal responsibility, called a fiduciary duty, to the condo owners. The board is obligated to keep the buildings and grounds safe and in good repair and handle finances responsibly. You may sue the board for breach of fiduciary duty if they fail to do so.
Understand that a lawsuit is disruptive, expensive and time consuming. Exhaust all possible options before resorting to litigation.
Review the documents and by-laws that govern the association of condo owners. Check the specific responsibilities of each member of the board. Prepare a list of instances where you feel the board members have failed to exercise reasonable business judgment.
Keep detailed notes. Take pictures. Present this record to the board to encourage resolution without litigation. If the case does proceed to court, you will be prepared with evidence.
Contact an attorney who specializes in real estate law or corporate shareholder litigation. Call your local bar association for a referral.
Ask your attorney to analyze the information and how previous cases have been resolved. Know what your odds are of prevailing in the lawsuit. Inquire as to the standard of proof. Find out what the lawsuit costs.
Consider the consequences of bringing a lawsuit. This condo is still your home, and you are part of a community. Be sure you are ready to follow through with the financial and personal commitment necessary to pursue litigation.
Do not withhold maintenance fees or assessments. You still have a legal obligation to pay all association fees.