Real Estate Law
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The board members serve at the pleasure of the owners and have a fiduciary duty to all owners. Part of that fiduciary duty is to maintain and repair any common areas owned and controlled by the HOA. So, send a letter to the board members by certified mail detailing the history and demand they make the repairs within a short specified period of time and compensate you for your damages for the delay to date. In the letter let them know that the failure to comply with your demand is likely to result in increased risk of loss and that if they do not cause the outside repairs to be timely made, you will have no choice but to file suit against the HOA and the individual board members. BUT, let them know, if force to file this suit, you will be seeking not only a court order mandating the repairs be made, but also punitive damages due to their either gross negligence or willful misconduct. You want to copy the HOA's insurance company on your letter because that will cause the insurance company to put added pressure on them to get this resolved quickly to avoid future losses.
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