Who can be held liable for HOA negligence?
In Virginia, homeowners associations have certain legal obligations that they must adhere to in order to protect their members. If an HOA fails to fulfill its obligations and its negligence causes damage to a member or other person, the HOA can be held liable for the damages. The HOA can be held liable for both negligent and intentional actions. Negligence is when someone acts without proper care or precaution and causes harm. This can include failure to properly maintain common areas, failure to ensure safety measures are met, or failure to promptly correct known issues or hazards. Intentional actions, on the other hand, are those that are done with the intention to cause harm. The individual members of the HOA may also be held liable for negligence. In addition, the HOA board of directors may be held individually liable if they are found to have acted in a manner that goes beyond the scope of their authority. Finally, the HOA can be held liable for the negligence of any of its contractors or subcontractors. If the contractor or subcontractor provided services to the HOA that were found to be defective or caused injury, the HOA can be held responsible for any resulting damages. In summary, the HOA itself, individual members, the board of directors and/or any contractors or subcontractors of the HOA can all be held liable for HOA negligence in Virginia.
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