simplyputsi 0 #1 September 12, 2006 Here is basically the short version. I own a condo. Upstairs unit had a leak in their bathroom that caused my bathroom ceiling to collapse parially and has caused other unknown damage. Problem was immediately reported to the HOA who in turn said it was not their problem. After a few emails they finally accepted they were to mediate. After 2 months the issue was still not resolved and it became known to me that in fact our association laws state that a owner must fix any problem that is causing another unit problems withing 15 days. If this is not done then the HOA must fix both problems and then assess the owner for the bill. I am now in a fight with the HOA because they, after more than a month, are still claiming they can not get ahold of tenant or owner. A piece of certified mail should have been enough. Can I sue them for negligence as far as their part. Or is their some sort of other action I can take to get my issue resolved?Skymama's #2 stalker - Quote Share this post Link to post Share on other sites
irisheyes 0 #2 September 12, 2006 Laws in each state are different. Call a lawyer or a lawyer referral service. Quote Share this post Link to post Share on other sites
freeflir29 0 #3 September 12, 2006 I would say you have a clear cut case. Sue the HOA and get your stuff fixed. If you win you should get all your legal fees back as well as some compensation for time spent. Quote Share this post Link to post Share on other sites
2fat2fly 0 #4 September 12, 2006 If the HOA can't find the other owner, then he/she must be non-resident. Pull down the damaged ceiling, install a spiral staircase and have a really big party in your new upstairs areaI am not the man. But the man knows my name...and he's worried Quote Share this post Link to post Share on other sites
Andy9o8 0 #5 September 12, 2006 I don't know if the other posters are lawyers, but I am, and I've handled many of these cases. 1. If you have homeowner's insurance, submit the claim to them immediately and hopefully they'll pay it, less your deductable. Then your ins carrier will pursue its reimbursement from the other unit-owner via a process called subrogation. 2. Get a lawyer immediately. Let him/her shepherd you through the process. Trust me, it's worth every penny in legal fees. 3. Your lawyer will probably tell you: a. that if your own ins co won't pay off your claim (although I'd think they should), you can sue the other unit-owner directly. Hopefully, the other owner will have his own insurance so there will be an available fund to pay the claim. b. If what you said about the contract is correct, the HOA may have contractual liability per what you've said. 4. Your lawyer will know the best way to pursue these various remedies concurrently. Good luck. Quote Share this post Link to post Share on other sites
simplyputsi 0 #6 September 12, 2006 Sounds like I'm gonna have to look into this. We have a few law offices in the building I work in so I will stop by them and see if they can help or direct me to some lawyers that can. Trust me I have thought about tearing the ceiling down, letting the bath tub fall through my unit and then asking the HOA if they want to fix it now. Of course they probably wouldn't and I'd have an unusable bathroom for a long time. Damnit I really don't have time to deal with this shit and I'm super pissed because of the amount of HOA fees we pay each month. I figure I have enough back up to nail the HOA pretty good though. Thanks for the adviceSkymama's #2 stalker - Quote Share this post Link to post Share on other sites
Broke 0 #7 September 12, 2006 Free advice is worth exactly what you pay for it. Check your contract. You pay fees so you must have a contract. If you can't figure it out see a LawyerDivot your source for all things Hillbilly. Anvil Brother 84 SCR 14192 Quote Share this post Link to post Share on other sites
kelpdiver 2 #8 September 12, 2006 Quote Damnit I really don't have time to deal with this shit and I'm super pissed because of the amount of HOA fees we pay each month. I figure I have enough back up to nail the HOA pretty good though. You need an HOA that doesn't get sued so often! Quote Share this post Link to post Share on other sites
lawrocket 3 #9 September 13, 2006 Read this: http://www.dropzone.com/cgi-bin/forum/gforum.cgi?post=882788#882788 Now, allow me to say that rarely is a person upset with the money that they spend on getting a legal opinion. In fact, I'd say that the ratio is at least 10:1 of people who wished they'd sought apropriate assistance sooner than when they did. Go see one of the lawyers in your building. Hell, see a few of them - it's like getting a second or third opinion from a doctor. They'll help you out, and if you work there, maybe you can get it for free. If not, get a cute female coworker, explain the situation, and buy her a drink if she'll talk to a lawyer for her. Odds are better that she'll get a freebie, and it's better to spend 10 bucks on a cutie you can hang out with AND have her relay the advice to you than to forego an opportunity to hang with the cutie and get legal advice for 100 bucks. My wife is hotter than your wife. Quote Share this post Link to post Share on other sites
Lucky... 0 #10 September 13, 2006 QuoteSounds like I'm gonna have to look into this. We have a few law offices in the building I work in so I will stop by them and see if they can help or direct me to some lawyers that can. Trust me I have thought about tearing the ceiling down, letting the bath tub fall through my unit and then asking the HOA if they want to fix it now. Of course they probably wouldn't and I'd have an unusable bathroom for a long time. Damnit I really don't have time to deal with this shit and I'm super pissed because of the amount of HOA fees we pay each month. I figure I have enough back up to nail the HOA pretty good though. Thanks for the advice What Andy said, and then get your summary judgment and record it with the country recorder so that the other homeowner cannot sell their house w/o paying you first. I don;t think the HOA has a legal duty to do anything. Lesson learned: Never, never, never buy a house in an HOA. Quote Share this post Link to post Share on other sites
Icon134 0 #11 September 13, 2006 QuoteIf not, get a cute female coworker, explain the situation, and buy her a drink if she'll talk to a lawyer for her. Odds are better that she'll get a freebie, and it's better to spend 10 bucks on a cutie you can hang out with AND have her relay the advice to you than to forego an opportunity to hang with the cutie and get legal advice for 100 bucks.now that's good advice... Livin' on the Edge... sleeping with my rigger's wife... Quote Share this post Link to post Share on other sites
JohnMitchell 14 #12 September 13, 2006 Quote 2. Get a lawyer immediately. Let him/her shepherd you through the process. Trust me, it's worth every penny in legal fees. Great advice for many situations. It's always been money well spent for us. You may think lawyers are SOB's, but at least when you hire one he's your SOB. Quote Share this post Link to post Share on other sites
wildfan75 1 #13 September 13, 2006 I am not a lawyer but I've been on the board of directors for my townhome association for five years. Based on our bylaws, rules and regulations... How did the leak happen? Was it because of a running toilet or did a pipe burst? In my HOA, if a pipe burst, then it's the HOA's responsibility. They file a claim with their insurance company and I'm responsible for the deductable, which in turn, would get forwarded to my insurance company to pay (HO6 policy). If it was a running toilet or something neglient on the upstairs owner's part, try to get their insurance info and file a claim with their insurance company. If they don't have insurance, take them to court. Sueing the HOA, IN MY OPPINION, is, I don't want to say dumb, but in essence, you're sueing yourself and every single one of your neighbors. How would you feel if two buildings over, this happened to someone else and suddenly your association fees go up $15/month to pay for their lawsuit. I can understand your frustration, more than you know, but... I give same advice as everyone else...talk to a lawyer. Talking to them shouldn't cost you anything, they should only bill if you proceed with them. Just my $0.02 Quote Share this post Link to post Share on other sites
popsjumper 2 #14 September 13, 2006 QuoteHere is basically the short version. I own a condo... ...and therin lies the problem...from there, there's no way to go but down. Talk to a lawyer.My reality and yours are quite different. I think we're all Bozos on this bus. Falcon5232, SCS8170, SCSA353, POPS9398, DS239 Quote Share this post Link to post Share on other sites
simplyputsi 0 #15 September 13, 2006 Ok thanks everyone for the responses. And I wouldn't be suing the HOA, I would be suing our property managers. Sorry if If spelling suing wrong. I'm definitely looking into a lawyer. It should of been as simple as wildfan said. Unit owner insurance covers the deductible of the larger insurance held by the HOA and that insurance in turn pays for everything. Thing is I'm dealing with a deadbeat unit owner and tenant. This is the same lady I'm positive was selling drugs at one point. Lawyer seems the best way to go from here. Thanks again everyone.Skymama's #2 stalker - Quote Share this post Link to post Share on other sites