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simplyputsi

I need legal help

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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 -

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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.

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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 advice
Skymama's #2 stalker -

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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.

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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 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.

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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.

now that's good advice... B|
Livin' on the Edge... sleeping with my rigger's wife...

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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

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Here 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

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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 -

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