Legal Question in Civil Litigation in Maryland
Small Claims/HOA
If an HOA that collects prorated dues to cover maintenance of HOA streets fails to perform such that affected owners resort to having the work done by a contractor, can the owners collect via a small claims action based on breach of contract? The HOA is incorporated and has ignored owners' requests for attention to substandard conditions on the street in question.
1 Answer from Attorneys
Re: Small Claims/HOA
The short answer is that yes, you can sue your HOA. If they misappropriated money, then you may be able to claim that they should be liable for the repairs at no extra cost. However, the more likely scenario (based on patterns of cases I have seen) is that the HOA didn't collect enough money and thus would seek a special assessment to cover repairs that are necessary.
It may be worthwhile to pursue simply to get the necessary improvements even if the individual homeowners do have to pay more in terms of dues - improvements to the property usually enhance its value and your enjoyment of it.
In your case, you indicate that you came out of pocket anyway for the contractor you hired. You can seek reimbursement for this money - but watch for a special assessment to cover it.
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