Privity of Contract between HOA and Management Company Suing Management Company for Gross Negligence

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Privity of Contract between HOA and Management Company Suing Management Company for Gross Negligence

Anonymous Jul 30, 2012 Bankruptcy and Debt 4 views 4 answers

I have no beef with the HOA. I used to be on the Board and hate to sue them. Infact, they had NO idea the Manager had done the following: Another owner called the Management Company thinking there was a garage deeded to his unit. Years ago there was, but the Developer sold it to me in 1990. I have absolute clear Title to a Detached Garage and this was confirmed by new Amended Decs filed in 2004. Unbelievably, the Community Manager picked up the OLD Decs circa 1980, drove to the property and told the man that he owned MY garage., She gave him permission to liquidate the contents--and it was filled with valuable antiques. I own the Garage, but it was leased to my tenant and the Antiques were his. Must I file suit on behalf of my tenant and with whom? Thanks!

Christopher Leroi · Answer 1 · 2026-06-15T10:38:50+00:00

Wow. You have a complicated case and I would think that it would be extremely valuable to sit down with an attorney to discuss this matter prior to filing suit. It looks like both you and your tenant will need to file suit as the plaintiffs. You likely do not have the authority to file on behalf of your tenant, despite renting the garage to the tenant. You are also going to need to have the tenant value the antiques to determine their fair market value to determine the damages in this case before filing suit. Too many people file suit before they determine their damages and conduct due diligence in investigating all options in their case. Good luck.

Christian K. Lassen IIPersonal Injury LawyerPhiladelphia, PA · Answer 2 · 2026-06-15T10:38:50+00:00

I'm not sure it's gross negligence, but an unexcuseable error nevertheless. Have tenant retain a lawyer to send a demand letter to the management's insurance company. The answer does not create an attorney-client relationship and is for informational purposes only. Lassen Law Firm 1515 Market St #1510 Philadelphia, PA 19102 215-510-6755 http://www.InjuryLawyerPhiladelphia.com

Daniel Deasy · Answer 3 · 2026-06-15T10:38:50+00:00

What a cluster. This is an interesting scenario in that I'm sure your tenant is more interested in possession of his/her/their antiques than anything else. Both the community manager and his employer should have their conduct scrutinized if you decide to pursue litigation. I wish you luck!

Nelson Patrick BoyleLitigation LawyerEnglewood, CO · Answer 4 · 2026-06-15T10:38:50+00:00

Please repost this message as a real estate question or call a real estate attorney. Cordially, Nelson Boyle Carter Boyle LLC 36 Steele Street - #200 Denver, CO 80206 P: (303) 501-1825 | F: (303) 835-7100 [email protected] www.CarterBoyle.com Thank you for your confidence in our firm. Your satisfaction and referrals are the key to our success. The information contained in this e-mail transmission is confidential and is protected by applicable law. Any unintended recipient of this message is prohibited from reading or disclosing the information contained in this transmission. If you have received this e-mail message in error, please call (303) 501-1825. Sent from my iPad.

Privity of Contract between HOA and Management Company Suing Management Company for Gross Negligence

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