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Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33708
Experience:  15 years real estate, Realtor. Landlord 26 years
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I am a senior don't know what type of a lawyer of lawyer I

Customer Question

I am a senior don't know what type of a lawyer of lawyer I need. Our condo had a roof malfunction last June and now our unit has black mold needing removal ASAP. Condo management and place where I send monthly payment won't respond to requests if Association will pay for repair--wasn't our roof that malfunctioned. I glanced at declarations online--mold wasn't specifically mentioned as an exclusion. Thank you.
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: I live in IL, and the offsite property owner, I guess, is in Nevada.
JA: Has anything been filed or reported?
Customer: Filed with whom? We settled with our contents insurance company for closet repainting only.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Just how a lowly resident can connect to someone who can repair our unit for us when it wasn't our fault with the storm damage. Thank you.
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Barrister replied 1 month 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.

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Do your Bylaws for the Association make the roof the responsibility of the HOA?

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Assuming that they do, as is normal with most HOAs, then yes, your HOA is responsible for any damages that occur as a result of their negligence in maintaining the roof. So if the interior of your unit was damaged and now needs to be repaired, it is the HOA that is responsible for the cost of repairs.

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If you aren't able to get any response, then you will have to file suit against the Assn for breach of contract and for property damages. You would need to get a couple licensed contractors to give you written estimates for the cost of repairs and then you can sue them for the highest amount. If the amount is under $10,000 you can sue them in small claims court and don't even need an attorney to represent you. The clerks will have the summons and complaint forms you need to file to get the case started.. Then they will help with getting it served on the Assn and you then just show up on the court date and tell your story and present any photos and estimates..

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That is assuming that once you serve the Assn, they don't just contact their insurer to settle with you, which is probably what will happen..

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thanks

Barrister

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