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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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HOA is not responsible issues in this townhome

Customer Question

HOA is not responsible for foundation issues in this townhome complex. A building of 15 units are experiencing severe foundation issues that are worsening over time. 14 of 15 homeowners want to repair the foundation and one person feels his rental unit is fine and it is not his problem. What recourse do the 14 homeowners have?
Submitted: 2 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns.
Just to be clear, this isn't an HOA issue, but the HOA is requesting that the individual owners take care of this on their own?
Customer: replied 2 years ago.
Not HOA issue - it states in homeowners agreement (would have to look up the document for correct title of doc) homeowners are responsible for foundation work.
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your follow-up.
In this situation as this appears to be a necessity, the remaining members can go forward with collecting assessments once they vote, as a group, for this improvement. If he refuses to agree, the other homeowners can still move forward with the repairs, and then sue him for his share of the costs. Or the homeowners can sue him for damages to their property going forward, since his refusal to repair the foundation can create further stresses and damages to all other parties who are part of this property.
Dimitry, Esq.
Customer: replied 2 years ago.
Thank you for your information it sounds reasonable and I will gladly rate your service once we have a reasonable plan and I see if your information holds up.
Expert:  Dimitry K., Esq. replied 2 years ago.
You are most welcome, truly! Good luck to you and please take care.
Dimitry, Esq.