Below is the response from our HOA
president. The email I used
to send my original text to him is correct.
Do I have to prove negligence to receive a favorable ruling in small claims court? HOA bylaw is silent as to intent regarding damages
to units.His response-I have reviewed my e-mails and cannot find any correspondence from you on this matter. I do know that there is a mailing list that was developed last year that omits my e-mail. This was done so that a handful of owners could communicate to other owners without my seeing their letters. There is also a very old mailing list that has my old e-mail on it. I was also told by Leesa [Deleted] that you were going to call me. Again, no connection.Lynda, you may call a meeting if you wish, or you can save your concerns for a future, scheduled, board meeting.The situation with your drywall damage is simply this: You own the drywall in your condo. The damage to your drywall is not a HOA matter. Turn this over to your insurance company. Lynda, you may recall that I have forty years of experience in the insurance business. An unforeseen, unknown seepage of water from the plumbing
pipe in the unit above yours, does not create liability for your damages.If, on the other hand, the condo owner knew that the pipe was leaking and failed to correct the problem which caused damage, then they would be liable. This is the rule of negligence.Sincerely,Gary