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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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My condo was involved in a fire on February 17, 2015. There

Customer Question

My condo was involved in a fire on February 17, 2015. There were 8 units in the building. Four were completely destroyed and all that remains is the concrete slab. My unit is standing but sustained smoke and water damage but no fire damage. The HOA has received a settlement from Traveller's insurance, but to date they have done nothing to rebuild all 8 units. The owners of the 4 standing units have not received anything in writing to notify us of the status of the rebuild. The HOA is demanding that we pay monthly assessment fees for services we do not receive (i.e., cable, property/building maintenance, lawn care and landscaping, expanded basic cable, pest control/termite prevention, pool maintenance, legal/business expenses, property insurance and bond, grounds maintenance, dumpsters and garbage removal, telephone/website, utilities (lighting) and capital reserve. I had paid 2015 assessments in advance. When I asked for a refund since I have none of the services above, I was told that I had to pay for "roads". The president of the HOA will only talk on the phone and the information she provides is not consistent. She states that 100% of all the owners has to approve of any rebuild or tear down. She also states that the association cannot get in touch with all the owners. I find this doubtful since they collect monthly assessments. I would think that 100% of the owners of the building would have to agree on what to do with the property. There is a fence around the property that is locked and I have been refused entry into my unit. It has almost been a year since the fire and the standing units have not been tarped to prevent further damage from rain and infestation by rodents and bugs. This property is Cobblestone Condominiums in Huntsville, AL. Do I and the other owners have to pay monthly fees?
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  P. Simmons replied 10 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am sorry for this dilemma

Can you tell me, what do the bylaws of your HOA say about this, if anything?