Because the CC&R is a contract between the homeowner and the HOA, failure of the association to uphold the regulations can be considered a breach of contract. Some of the allegations of negligence against the defendant appraisers suggest that the FDIC is seeking to hold appraisers liable for things most appraisers would not normally expect. Joan Marie Fenstermaker. If you have a housing association place then you are lucky in many ways and if you are on the council list then good luck. You need to threaten to sue them for these 2 things. From 20 March, 2019, you'll be able to sue your landlord if they don't fix damp and mould in your home Can I sue my condo association for negligence? 1 attorney answer. It depends what they have done as to whether it is worth taking them to Court. ... Property Condominiums HOA disputes Real estate Real property ownership Homeowners' association Lawsuits and disputes Section 8 housing. Show 5 more Show 5 less . You do have recourse against the tenant himself though. Tenants get right to sue landlords for damp or mouldy homes thanks to new law. For example, the CC&R may require that a member of the HOA board must be a homeowner. It's usually referred to as, in breach of their Statutory Duty of Care. Ask a lawyer - it's free! Not only that but if they are failing to ensure that all tenants abide by the contract then they are in breach of contract themselves. I want to sue the council because I honestly feel that they have failed in their duty to provide safe housing for us and have failed my husband because they have failed in their disabilty policy. For example, if the HOA fails to maintain the common areas, then a homeowner may be able to sue them under a breach of contract theory. A homeowner always has the right to sue their association, but their success is dependent on many different factors. A homeowner can also sue if the HOA has violated its own rules. The housing association ultimately can decide whether or not to take action - you have done all the right things so far and can continue to pursue this though the ombudsman but failing assistance from them, there is little or nothing you can do to actually force the landlord to cooperate. In England a Council can be sued for negligence, an example would be, failing to repair a pavement and you fall over and injure yourself. Browse related questions. A bit more information would have been helpful. When landlords violate health and housing codes, they can be found negligent in a lawsuit. Yes, homeowners are allowed to sue their homeowners association if they fail to perform their duties and obligations under the community governing documents, or if they violate local or federal laws. This is only a small percentage of our complaint, but didnt want to go into it all on here. Can you sue the council for damp? 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