My next door neighbor allows young neighborhood kids to walk on our shared block wall to go to and from her backyard and also to the yard of our neighbor behind us who is her relative. If one of these kids falls, I'm afraid not only she will get sued, but we will also because the wall is on our shared property line. In addition, we live in a PUD housing development. Is it likely the HOA would also get sued?
1 Answer from Attorneys
The HOA would only be sued if the wall violates a HOA covenant, or if there was some negligence on the part of the HOA. You may be sued if you have control over the wall.