Who can sue?

This is more of a strict legal question than HOA, but it has a bearing on the HOA.

Can the HOA sue a vendor for something that was done wrong to the property of a number of homeowners.

Hypothetically (for discussion), assume you have 500 individual homes in the HOA. Each homeowner has title to the lot they live on so they really do own their property. Assume the HOA's Landscape vendor has a faulty piece of equipment and ends up damaging 100 homes along a street - maybe throws a rock through the window breaking the front window of the 100 homes(remember this is hypothetical so give me a bit of leeway on reality).

Do you think the HOA can sue the landscape company to get them to replace the windows of the 100 homes? I don't think so and my argument is that the HOA is not the injured party therefor they don't have any legal standing in the suit. Only the homeowners can sue the landscape company and that would be outside the scope, or interest, of the HOA. Would you agree?

Based upon comments, I might change the damage scenario but I want to keep it simple to start with.

I am going to stipulate for the record (Legal sounding) that the HOA is in no way responsible so we don't need to talk about suing the HOA. I could change it to the city landscape maintenance company that is part of city services just to break the association with the HOA.

Of course for a definitive answer to your question, you should consult an attorney as most everyone here is not one and cannot offer legal advice. Well at least I am not an attorney and am not offering legal advice. I only saw one person admit to being one here and he quickly disappeared.

IMO - If the HOA hired the landscaper in your first scenario then there should be something in the contract to the effect of holding the HOA harmless in case of the contractor's negligence and a requirement of insurance. Furthermore we require all vendors to show proof that they are licensed to do work in our state and community and provide a copy of their insurance.

In your second scenario I agree with Brian and each homeowner would need to seek reparations from the city.

As far as who can sue; everyone can, in fact in Ohio they changed the law so that now not only can a HOA sue to enforce a covenant but if the BOD in a condo HOA fails to act; a homeowner can sue to enforce and recover his legal fees for doing so:

Compliance with Covenants, Conditions and Restrictions. Every Unit Owner shall comply strictly with the covenants, conditions and restrictions set forth in this Declaration, with the By-Laws of the Association and with the Rules and Regulations in relation to the use and operation of the Condominium, the Units, the Common Elements and the other Condominium Property. Failure to comply with any of the same shall be grounds for an action to recover sums due, for
damages, or injunctive relief of all of them, as provided by Section 5311.23 of the Ohio Revised Code. In any case of flagrant or repeated violation by a Unit Owner, he may be required by the Association to give sufficient surety or sureties for his future compliance with said covenants, conditions, restrictions, By-Laws, Rules and Regulations.

Violations of the covenants, conditions, or restrictions shall be grounds for the Association or any Unit Owner to commence a civil action for damages, injunctive relief, or both, and an award of court costs and reasonable attorney's fees in both types of action. Any and all expenses incurred by the Association in enforcing any of the terms and provisions of the condominium instruments, including reasonable attorneys’ fees to the extent permitted by Ohio law, may be levied as a special assessment against the Unit Owner in question and his or her Unit.

Has it be settled where the equipment was when the damage was done?
It would appear if the equipment caused the damage while on Private property, the owner has the right. If it happened when the equipment was on Common property the association has the right, along with the owner.
Just a thought.

I would be pretty sure that the City would have rights also.

Our city, not connected to our condo or HOA, in the last day or two had articles in the paper about some tree trimmers cuting down some live Oaks along the street on public property, and a couple private properties that abutted the street. It was against the Law for this to happen and the city sued and receive settlement for the trees and also an award for the loss of shade thoses trees provided. Now it didn't cover the part about the private owner losing his shade but you can bet the suits have already been filed as damage suits against the Landscaper, and since he has been found liable, the city is now off the hook.