Q: Can Texas condominium owners be sued individually for easement by necessity due to undivided interest of common grounds
Even with the bylaws granting the Board of Directors with the power over the use of common grounds.
A:
I've done a lot of Condo law including lawsuit against rouge Boards for individual owners. Its difficult to understand exactly what you are asking here. In most situation, there would be no reason to ever sue an individual (if I'm getting correctly) since the Common Area is owned by the Association, not individuals. It maybe that if they sued every single owner (asserting the Board was not in place or defective) that could be possible. Being sued wrongfully may give you some legal rights to sue back for individual damages (loss of credit standing, etc.). I'd like to hear more about this situation. If you would like to set up a free no obligation consultation, please contact me or go to my website:
www.bizlaw.pro
EMAIL: propertylawyer@live.com
Thanks.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
