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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 111550
Experience:  Attorney experienced in commercial litigation.
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My previous HOA management was replaced. The new HOA

Customer Question

My previous HOA management was replaced. The new HOA management won't pay me for a maintenance defect that was caused under the old HOA management and told me to go to a Board meeting and ask the Board. My case is very clearly in my favor and it cost me $1275 to fix the "exterior maintenance defect". Can I hold the current HOA management responsible? And do I have to issue a demand letter then file a small claims suit in court???
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Yes the HOA is responsible. They cannot avoid liability for payment for something that was their liability under the bylaws just because they changed management. If the board refuses to authorize payment, you have the right to sue the HOA board and management company in small claims court for payment and also the costs you have incurred in having to take them to court to pursue money you were entitled to. You do not have to issue a demand letter, you need to file a request to the board and then if they deny payment you just file your suit and serve the HOA.