If the abuse and harassment from an HOA causes someone to have a stroke, heart attack, or mental break down, can the HOA be liable?
My HOA is nothing but bullies. They have created an extremely hostile environment. They violate many bylaws, state laws, and federal laws - even simple things for which there is nothing in it for them - they do it because they can.
We tried voting them out. It didn't work. They made sure one of their gang took over, and got themselves back in office a few years later. They make sure they are not voted out if anyone tries to challenge them. The paid property manager and lawyer are just as unethical.
Assuming it can be medically documented that the abuse caused the medical problems and an ambulance chaser will take the case on contingency-could the HOA be liable?
These are old, cheap, non luxury condos. The only alternatives are worse (high crime areas, needing expensive renovations at the home owners expense, etc). Renting is even more expensive.
The illegal activity and bizarre actions can be well documented. In the latest incident, they initiated legal action over nothing. A unit owner had renovations done. As part of the renovations, hard wired smoke detectors were to be installed and connected to the unit's circuit box. Instead, the contractor tapped into the HOA system-insisting that is what code required.
A resident notified HOA and asked that they respond if it was a problem, and it wasn't okay to leave it like that about 6 months ago. Suddenly out of nowhere, the lawyer sends legal notice demanding it be disconnected.
The owner did not authorize it, and would have had it discounted months ago if it wasn't allowed. There was no reason to make this adversarial The homeowner didn't want it that way (as just warming up a pan sets off the system), and told the contractor they needed HOA permission to leave it that way once it was known what they did.
The owner and the HOA are actually on the same side. They both want it disconnected. Yet the HOA went on the attack. They didn't even bother to politely and appropriately decline to allow it and give the owner a chance to remedy the issue without getting lawyers involved.
They have pulled stunts like this with many people. They start off aggressively threatening, instead of bringing an issue to the owners attention and asking for cooperation appropriately.