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Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33160
Experience:  15 years real estate, Realtor. Landlord 26 years
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I had some water damage in my townhouse. The main sewer line

Customer Question

I had some water damage in my townhouse. The main sewer line in the common ground broke, causing a backup resulting in the toilet overflowing while the tenant was gone. The flooring in thr living room now needs to be replaced, but the association board refuses to pay for the flooring replacement, even though the break was not my fault nor the tenants. They said they were consulting their attorney but haven't let me know what he said. This happened 7 months ago and they keep stalling. I can't afford an attorney and they know.
What should I do?
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  Barrister replied 7 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.


This is a pretty clear cut case of liability here.. The HOA common element failed and caused damages to your personal property. So the HOA, or its insurance, is liable to compensate you for your damages and for any repairs. I don't see how much the damages are, but if they are under $10,000 you can file a small claims court action against the HOA for the damages and you don't need an attorney.


However, if your Bylaws are typical, they will have a clause that states that the "prevailing party" is entitled to their legal costs. If so, you could hire an attorney to sue them if they won't agree to reimburse you for any damages and have them bear the cost if you didn't want to sue in small claims court.





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