I'm not an attorney. I don't play attorney on TV. All of us however live in the swamp infested with attorneys who advertise on Florida TV with messages like, "Have you fallen while in a store?" "Have you almost fell while in a business?"  "Have you THOUGHT about falling while in a franchise store?"

Based on what I've read in the news over the past 15 years in Florida....the outcome of this will lead to the change of home ownership in this community.

You are suggesting the HOA is NOT the homeowners.

And the answer is YES.

But, it is of interest to note, there are companies that are structured to rescue HOA/COmmunities in distress. It is a takeover in disguise.

Those HOA meetings are boring and distressful. The decisions made at these meetings do have consequences for everyone. Whether the liability comes from litigation, poor construction or even storm damage the buck stops on the front door of the homeowner.  The homeowner pays for EVERYTHING. Whether its a nuclear sub, school resource officer or Braille signage at the art gallery....the homeowner pays for it all.

However, a community under 3rd party management may have additional options.

Next weeks attorney ads will like communicate, 'Has your child ever been scraped, bug bit, bullied or fallen at the playground?" 

That's a lawyer question for sure. And I suspect the answer might differ in various jurisidictions.

Don't know this one, hope an attorney pops in to give an opinion.

I will say that HOA boards are unbelievably legally stupid on deciding things on behalf of others.

I won't play attorney here. I've lived with an HOA for the past 30 years. Ignorance is no defense. Homeowners need to get involved and know what their board is doing and not doing.  Could a homeowner who sold be liable.  If they failed to disclose it they sure could be subject to a lawsuit from the new owners.  

I always always always get an HOA document review when representing clients with an HOA. 

Jeff,

I have no idea.  A

Lawyer, Lawyer, they need a lawyer.

Jeff Pearl This is why it is so important to really read the Condo/HOA docs for any impending law suits or major repairs.

Foolish to entrust so much in these pseudo govt entities.

I stay far away from anything that is located in one.

That's a great question for an attorney. 

  The ramifications of a ruling like that are staggering. 

Wow, maybe a good reason not to sit on a Board.

Wow! That is stunning. I have no idea of the answer, but I look forward to reading the responses. 

Lawyer up if you are a current or recent past owner. So many issues. Use an expert!

It is terrible... There are going to be a lot of properties for sale in that community...

Not an expert here, @Jeff Pearl.

Checking other answers.

I think if it is court ordered you will see judgements on personal credit and liens posted against properties.

Part of the reason I  not like HOAs

I've seen HOAs as well as the property management companies try to do some incredibly STUPID things. 

One HOA through the Property Management company kept harassing me over the parking regulations. I was in complete compliance but they wanted to force me to do something that wasn't in the rules. They would come up with reason after reason. The final straw for me was when the agent at the PM office sent a letter saying that "Cement" didn't count as pavement in the parking lot . 

I filed a lawsuit their attorney advised them to settle with me.

This would depend on the governing documents of the HOA and the laws in the state.

Yes, they can be held liable and in this instance they are. Pretty cut & dry from what I saw.

why are homeowners being held liable... what's the role of the HOA.... crazy stuff...

Youch!  I hope this gets fought and the home owners can be saved.  Otherwise, many will probably have to sell to have any hope of paying this off.  Or maybe everyone sues the HOA of 100k each.

That's absurd.  An HOA has the responsibility for that.  The association, not the home owners.  The board should be on the hook, specifically those who made the concious decision to not maintain the property.

It may take more legal action to determine the answers to your questions.

Wow!  A major legal challenge.

Yikes!

I have no idea. That's an attorney opinion I think.

WOW, what a scary situation Jeff Pearl . I've often thought about condo living when I retire but this sounds like a real good reason to avoid it.

Litigation will answer your question as well as the costs for same

Wow, that video really gives you something to think about.  Wonder if the individual homeowners insurance will cover it for them?  I have a umbrella policy.  Good questions to ask your insurance agent!

It is why a HOA should have insurance for such. I think it woudl depend on state law in that state.

I would have moved long before it went to court - not surprising however, a jury placed blame on the wrong entity

If the Board was told on several occasions there were problems, and it needed maintenance, then I think the Board should be liable for neglect.  They were aware of the potential danger and did nothing about it.   But like many other, I'm not a lawyer so the outcome would be interesting to know.

Legal question. 

Whowzy! That's staggering.

Will be interesting to see how this plays out...

That is a legal opinion we can't render.

The payment has not been imposed yet, but theoretically it's possible. Safety first is a serious issue that should not be ignored. HOA residents should insist on it via their elected boards and be aware of what's going on in terms of inspections, maintenance, etc.

I doubt they will ever collect one penny.

That seems out of line that homeowners would be held responsible for the decisions made by the HOA board without their knowledge. I don't now what the covenants and restrictions state for that HOA, so I have no idea if this can be enforced. I think it would be hard to collect the money from all of the homeowners.  In my opinion, at the very least the homeowners should join together and hire a good attorney!