Have Legal Questions? Ask a Lawyer Now.
that's what I'm trying to determine. The by-laws are so convoluted regarding "common elements" and they clump everything into the category of "utilities" and every now and then the word "pipe" actually appears. I can't make heads or tails of them. But we're on the second floor of a loft with 30-foot ceilings and the pipes go down a long way and make sharp turns and the guy downstairs experienced a plumbing problem at the same time we did. Do I need to hire an atty who specializes in these sorts of issues? How do I get the HOA's "plumbers" to prove to us definitively, like show us blueprints or architectural drawings of the way the pipes connect? They saw they don't have to do that. The we just have pay no matter what and the guy downstairs goes scot-free.
We were only allowed to use the "plumbers" the HOA retained, which is in the bylaws. They made 5 visits and could not figure out how to resolve it. They said the only way to fix it would be to jack-hammer the guy's bathroom floor downstairs and get under the concrete, and estimated it would be another $3000. We strongly objected and demanded that the HOA send another plumber, which they did. This plumber solved the problem in 2 hours. We went 7 weeks without the use of our upstairs bathroom, which we use regularly and he wrote a statement that it was a shared building problem. However, this mattered nothing to the HOA. I don't want to sue and lose and then get drowned. Do you think hiring an HOA atty to review the bylaws would be worth the extra money? Is there not an atty available through the HOA to help us interpret the bylaws or through some Consumer Protection Agency?
So is it unreasonable to ask the HOA to positively prove to us how these pipes are put together, blueprints, or whatever, or are they somehow exempt from answering questions like that? We just have to have to take their "plumbers" word that it is our problem alone? Alex, really, these guys were like guys who dropped out in the 7th grade and took the GED a few times and failed. Could we at least ask that they have their IQs tested?!!! (kidding). Or is there some agency I can lodge a complaint against the HOA?
OK, thanks. We're in the process of getting our homeowner's insurance to evaluate the situation and perhaps get some relief from them. However, I know that they will not come up with the proof we're asking for. What we've decided to do for sure is put this place up for sale asap and move back into our bungalow that we rent at the moment, do some renovations and move back in there. After all, it's paid for!!! Never again will I pay criminals exorbitant fees, $425 a month, to ream us a new one. This same problem could happen again! Then there goes another 5000. Never again will I share pipes or common elements or any nonsense like that again! Really, Alex, they're like Nazis. They should just sew swastikas on their sleeves.
Thanks for listening. You did a good job. Best regards, Camille
Thank you and I wish you the best of luck!
Please click on the excellent service ratings, so I can receive credit for my answer. Bonus and positive feedback is always appreciated, but is not required.