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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 116740
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I live in a condo and have a homeowners association. I had

Customer Question

I live in a condo and have a homeowners association. I had a leak in a pipe that I had a plumber come in and fix. I did not know that the pipe was leaking and thought it was my washer. The plumber came out and found a leak and the homeowners association admitted it was their responsibility. I had a company coming over to dry out the walls etc. The homeowners said I had to cancel or it would not get paid and they were going to call in their company (This was Friday). He asked if I would be home and I made arrangements to be home all day. They never came and I called the emergency number and was told that they only could tell the person at the condo who is on call of the situation. No one has come all weekend and no communication. I have some black mold and a find of blue mold on the wall now. I do not trust any company who does not show up to take care of me truthfully. Do I have any rights to call in my company of choice and be assured the HOA will pay or do I have to put up with the mickey mouse club
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Legally, they can indeed insist their company do the work, as long as they send someone in a reasonable time (generally 3-5 business days is reasonable to courts). They are liable though to remove all of the mold and properly remediate the area and if they fail to do so you can file a claim with their insurer and could sue the association for the cost of proper remediation. However, you have to give them the first reasonable chance at making the repairs (this is one of the downsides to living in a common interest community I am afraid).

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