How do I file a lawsuit against my HOA?

Question

My HOA is ignoring my request for maintenance work in the boiler room which is creating an inhabitable situation in my unit. The low humming noise from the boiler pump is preventing us from getting a good night sleep. It has been almost a year since we've made this request and 3 contractors have already made recommendations on the "next" course of action. But the board has continued to ignore my request. When I threatened them with lawsuit, they simply tell me "That is your perogative".

I don't want to get a lawyer as that will cost me a fortune. I just want to go to the Court house and file a lawsuit. But I'd like to know who I can sue. The HOA? The Management company? And who do I serve? the Board member(s)? As long as these questions are answered, I can fill out the form and file a lawsuit. I'm not looking for money - I just want them to fix the darn thing.

Answer 1

You will need to contact a lawyer if you are serious about this. The first consult is usually free & they will tell you then if you have enough to file a lawsuit, some will only charge if you win the case, & then only take 20-40%.
It would be the management company and the HOA. Serve both.

Answer 2

A lawsuit isn't the way to go, because:
a) You don't have any damages to sue for, and
b) Your contract with your HOA almost certainly holds them immune from suit.

Your better bet is to petition a court for an injunction. Your claim will be that the HOA is violating the rules by not repairing the boiler pump, and that you want the court to enjoin them from continuing to do so.

EDIT - To Fraginal.... Small Claims Court can't help him. Small claims courts can award judgments of actual financial damages only. They have no power to award "injunctive relief", which is to tell someone to do something - in this case "Fix the boiler".

Richard

Answer 3

Write a demand letter and serve it to HOA. If there is still no repair that is done, file a case at the small claims court to avoid exorbitant fees.