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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Attorney
Category: Personal Injury Law
Satisfied Customers: 1722
Experience:  Practicing Attorney with 10 years experience
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Can a class action suit be made against a condo assoocation

Customer Question

can a class action suit be made against a condo assoocation
Submitted: 9 months ago.
Category: Personal Injury Law
Expert:  Asad Rahman replied 9 months ago.

Unfortunately, I do not think the members of the HOA can form a class under the law, but they all can jointly file a lawsuit as a group. A class action generally requires broader application and a much larger group of affected parties.

Class actions are governed by federal and state court rules. A class action can't take place unless the requirements in these rules are met:

  • Numbers. There have to be so many possible plaintiffs and lawsuits against a defendant that it's not practical for them to file their own suits. Often, possible plaintiffs number in the hundreds or thousands
  • Same claims. Claims need to raise common legal and factual issues, making it efficient to deal with all claims together. Thousands of claims against a manufacturer for a faulty dishwasher switch causing a fire hazard is a good example
  • Typical cases. The named plaintiffs, the representatives, have the same claims and defenses as the others in the class. In the dishwasher example, the named plaintiff's claim can't be connected to defective pump causing flooding
  • Representatives provide fair and adequate protection for the class. The named plaintiffs and class lawyers must look out for the interests of everyone in the class. The lawyers' competency is the main focus here, but courts look at the representatives, too.

Here is a good site to read up on that. http://class-actions.lawyers.com/class-action-basics.html

However, like I said, you can jointly file as members of the community.

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