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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 45906
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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Is the homeowners association responsible for repair of cracks

Customer Question

Is the homeowners association responsible for repair of cracks in concrete foundation slab inside the ground floor condo unit?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good evening. Can you tell me if these are simply hairline cracks or are they big cracks indicating a failure of the foundation? Thanks.
Customer: replied 1 year ago.

large cracks that runs through the entire length and width of the condo

Expert:  Richard replied 1 year ago.
Thank you for following up. Large deep cracks would indicate a material failure of the foundation. Basically, as a condo owner, you own everything inward from your interior walls, floors and ceilings. The foundation and concrete floor is a common element. Common elements, unless your condo governing documents...CC&R's and Bylaws...specifically provide otherwise, are the responsibility of the association. So, any problems with your foundation are going to be a common element problem and thus is the responsibility of the association to fix the problem and all damaged caused by the problem. If they refuse to voluntarily do so, you will want to file suit to force them to repair the foundation. The association and the directors do not get the unilateral right to simply tell you it's your responsibility and make you go away. It's not like the association is unbiased. So, if they refuse to take responsibility when the responsibility belongs to them, file suit and force the issue. Typically filing the suit is all that is needed to get the association (and its insurance company) to remediate the problem, but if you must pursue the suit forward, once the suit is filed and a judgment awarded, you become a judgment creditor, and if the losing party doesn’t then pay the judgment, you can have the sheriff serve a summons on the losing party for a debtor examination. That forces the losing party to meet the judgment creditor in court and answer questions under oath about the losing party's assets. After that information is obtained, the judgment creditor has the power to garnish wages, attach bank accounts, have the sheriff seize other personal property, and/or place liens on any non-homestead property to satisfy the judgment. I would suggest not only naming the association in any suit, but also naming the board members individually....being served with a summons they are being sued individually tends to make them much less cocky. :)



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