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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 42235
Experience:  Texas Attorney for 30 years dealing in real estate
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My HOA fees include exterior maintenance. I had a roof leak

Customer Question

My HOA fees include exterior maintenance. I had a roof leak 3 weeks ago. I contacted the HOA manager who immediately responded there was no roofer available and sent out a handyman to sto the leak. A roofer was out the following week who said he would submit a report to the manager as a vent needs replacing. I have contacted the manager with a cc to the HOA board members asking for a date of repairs. As of now I have no response. Is there anything in the law related to getting repairs done in a timely manner by a qualified person? In this case it is a roofer.
I cannot schedule interior repairs until the roof is dealt with. Advice is welcomed. Thanks.
Karen Loonam
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Ray replied 2 years ago.
Hi and welcome to JA. I am Ray and will be the expert helping you today.I would send them a demand letter threatening small claims here since they are on notice this has damaged your interior.You would argue if they delay this you will sue because of their negligence to do this timely.If you threaten suit you get them to get moving on this. Unless there is something in your CCRs that address timeliness then your argument is that you can sue in small claims for the damage.You can also ask them for their insurance carrier.Since they have yet to repair this may become negligence on their part for the intentional delay. Even if you don't intend to sue here this often gets them more interested in fixing it.They have liability here since it was reported and they have not fixed it and delay here causes you additional damages based on their negligence. Hand deliver or mail letter here, and email would work as well.At any rate I think this will get this resolved. I appreciate the chance to help you today.Please let me know if you have more follow up.
Expert:  Ray replied 2 years ago.
Karen threaten them with small claims and also ask about their insurance carrier since their delay is contributing to more damage or potential damage to your interior . If you scare them enough they will get this fixed.It is inexcusable for them to put this off when they are well aware of the problem.