Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law
This answer was rated:

If a condo-owner renovates a unit they have just bought in

a 30 year old complex...
If a condo-owner renovates a unit they have just bought in a 30 year old complex, opens the inside walls, and finds dry rot or anything else, whose financial responsibility is it to repair the situation? The owner or the HOA?

Thanks, Barbara
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 12 minutes by:
6/17/2013
Andrea, Esq.
Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 12,554
Experience: I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
Verified

Dear XXXXX, My name is XXXXX XXXXX my goal is to provide you with Excellent Service,

 

The financial responsibility of the HOA is for the costs of the repairs and maintenance of common areas which are used by all of the owners in the community. These costs are usually funded by the monthly assessments which the owners are required to pay. If the project is a large one and is not encountered annually, the HOA will collect a Special Assessment. But, again, this would be for the repair, maintenance, or replacement of common areas.

 

The areas within a particular unit which serve only the unit owner is not considered a "common area", or even a "limited common area" and, therefore, the costs of repair, maintenance, and replacement of anything within such unit is the sole responsibility of the unit owner.
_____________________________________________________________________

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

Andrea, Esq.
Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 12,554
Experience: I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
Verified
Andrea, Esq. and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago


Thank you.


Barbara

Hi, Barbara, You are most Welcome. Thank you for the "Excellent Service Rating", I appreciate it greatly. If you have any further question, or have questions in the future, please feel free to ask for me by typing my name at the beginning of your question, like this,

 

"For Andrea ........... "

 

 

Thank you for allowing me the opportunity to assist you,

 

 

ANDREA

 

 

 

Ask Your Own Real Estate Law Question
Customer reply replied 4 years ago

For Andrea:


If a rain leak or anything else that might cause a problem in the walls of a condo needs repair, is the HOA responsible for repairing the problem within the walls even though the owner woujld be responsible for the repair of the sheet rock within the unit? Is the owner financially responsiblefor the entire repair? How about sliding glass doors leading to a balcony misaligned due to settling. Who is responsible for that?


Thanks, Barbara

Customer reply replied 4 years ago


For Andrea:


 


If damage is caused within the walls due to leaks from rain or whatever, while owner would be responsible for sheet rock repair, who pays for the dry rot, etc. How about sliding glass doors to private balcony caused by building settling?


Thanks, Barbara

Hi, Barbara,

 

If the dry rot is within the walls that serve only that one unit, I would have to say that it is the responsibility of the unit owner. However, that gets very technical because the inner walls support other units because the support is interconnected. The glass doors serve only the one unit to which it is affixed, but it is part of the "uniform appearance" that HOAs require. The same can be said for the roof and the exterior f each unit - They serve only one unit, however, the HOA requires this same uniformity.

 

Issues like this are usually addressed in the Declaration (C,C&R) which specifies which areas are considered "limited common areas" which would sometimes be the responsibility of the HOA in order to preserve the uniformity and sometimes the cost would be placed on each unit owner equally. It would be the Declaration (C,C&R) which would be controlling. So, it is important that the contents of the Declaration (C,C&R) be read and thoroughly understood,

________________________________________________________________________

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

Ask Your Own Real Estate Law Question
Customer reply replied 4 years ago

My follow up question is: Are C,C&R regulations absolute or can they be arbritrary subject to 75% majority vote by the owners? In other words, can the division of particular items, such as doors, windows and walls be assigned to the HOA for responsibility? Would we not be opening ourselves up to unknown and possible major expenses to all home owners of the association in the future?

Thanks, Barbara

The Declaration (Covenants, Conditions, Easement and Restrictions) are drafted and filed by the Developer. The Declaration itself would contain the requirements for amending the Declaration and the number of votes which would be required in order to pass such an Amendment.

 

Yes, I believe that the owners would be opening themselves up to substantial "Special Assessments" if some of these issues were voted on made to be part of the "common elements" for which the HOA would be responsible. If such an Amendment were to be voted on, it is important that each unit owner understand and appreciate the long term financial effect such an Amendment would have on them,

 

_____________________________________________________________________

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

.

Ask Your Own Real Estate Law Question
Ask Andrea, Esq. Your Own Question
Andrea, Esq.
Andrea, Esq.
Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 12,554
12,554 Satisfied Customers
Experience: I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.

Andrea, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

10,826 satisfied customers

16 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,657 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,367 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,899 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
I am in an HOA. The HOA wants an air conditioner unit at the
I am in an HOA. The HOA wants an air conditioner unit at the rear side of the home to be removed but the bylaws states must be removed from front wall or Windows. Also individual in the home previousl… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I wanted to know who is responsible to enforce maintenance
i wanted to know who is responsible to enforce maintenance on a drainage easement in Bexar County? … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
34,926 satisfied customers
I live in and the community is in a homeowners association.
Good morning. I live in Virginia and the community is in a homeowners association. … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have a town home in a hoa. I contacted the hoa in 2014
I have a town home in a hoa. I contacted the hoa in 2014 about a build up of rain water next to my home that has caused some slight foundation movement small interior wall crks it took about a year bu… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
34,926 satisfied customers
HOA association failed to maintain the roof in our
HOA association failed to maintain the roof in our California condo building properly resulting leaks. It took them 3 attemots over 2 weeks to stop the leakage. The HOA repaired and paid for the signi… read more
Damien Bosco
Damien Bosco
2,998 satisfied customers
Who is responsible for taxes on an easement on proerty that
Who is responsible for taxes on an easement on proerty that a house sits on in a development that is considered private property by the county and the developer is still in there. … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers
I'm about to go into an HOA meeting. The HOA board members
I'm about to go into an HOA meeting. The HOA board members all have a smaller sqft than the rest of the homeowners. The board members want to lower their HOA fees and charge by the sqft. Is this commo… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers
I was told that for a Georgia HOA letter, the HOA letter
Hi -- I was told that for a Georgia HOA letter, the HOA letter cost was capped by a law. Something like $35 or something like that. But I know the cost for the letters that closing attorneys must orde… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,996 satisfied customers
Can I build on an lake maintenance easement? Florida, In the
Can I build on an lake maintenance easement? JA: Because real estate law varies from place to place, can you tell me what state this is in? Customer: Florida JA: Has any paperwork been filed? Customer… read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
My property was surveyed and found that neighbors driveway
My property was surveyed and found that neighbors driveway in partly on our property. Should anything be done? … read more
Ray
Ray
Lawyer
Doctoral Degree
7,367 satisfied customers
I have lived in a homeowners association in Florida. The HOA
I have lived in a homeowners association in Florida. The HOA has both long term or residential and short term sections clearly defined. I live in the short term section, we pay more than 3 times the r… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My Hoa has a fence in utility easement which is on my
My Hoa has a fence in utility easement which is on my property. There is no mention of this fence on Platt or on my deed, and it does show as mubproperty on a survey we had on our property. Are we hel… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers
Question on my property line, the 2007 survey, and easement.
HI, question on my property line, the 2007 survey, and easement. We purchased a home in May 2017 in a development, that is surrounded by a large area of private property behind our property. We were o… read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
I am a homeowner of a condo in texas, can an hoa association
I am a homeowner of a condo in texas, can an hoa association stop the sale of unit over hoa dues owed, I have under contract now a cash sales fast close, they are trying to forclose, but I have a buye… read more
Ray
Ray
Lawyer
Doctoral Degree
7,367 satisfied customers
Is the condo HOA responsible for fire sprinkler maintenance
Is the condo HOA responsible for fire sprinkler maintenance and repair? … read more
Thelawman2
Thelawman2
Doctoral Degree
1,240 satisfied customers
If HOA by-laws regarding exterior maintenance have changed
if HOA by-laws regarding exterior maintenance have changed since the HOA re-sided my unit (to now the exterior is the responsibility of the unit owners), and I am having problems with that siding, do … read more
socrateaser
socrateaser
1,031 satisfied customers
If the condo association bills the monthly maintenance fees
If the condo association bills the monthly maintenance fees quarterly, but I want to pay monthly, the associations charges me 10% late fee. it that legal... I am not behind in any payments; however, i… read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,888 satisfied customers
Our homeowner association granted an egress-ingress easement
Our homeowner association granted an egress-ingress easement to the adjacent golf course 30 years ago. The golf course is now emptying water from their sand trap, which is located within that easement… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x