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If an HOA wants to do a repipe project condominium complex

Customer Question
If an HOA wants to...
If an HOA wants to do a repipe project for a condominium complex and states they will repair the drywall as best they can but the owner is responsible for the painting and any accidental damage is also the owners responsibility. They also state they will charge 900.00 per day if the owner does not let them in for the project and they will get a locksmith to open the lock so they can come in and do the work at the owners expense. Does the homeowner have any rights or recourse
Submitted: 2 years ago.Category: Real Estate Law
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Answered in 3 minutes by:
7/14/2015
Real Estate Lawyer: Maverick, Lawyer replied 2 years ago
Maverick
Maverick, Lawyer
Category: Real Estate Law
Satisfied Customers: 6,425
Experience: 20 years professional experience
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Welcome! My name is Maverick. I very much enjoy what I do and I hope that you will benefit from this information.
What do the HOA governing documents say about this?
Was there a special vote by the HOA members on this issue if there is nothing in the documents?
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Customer reply replied 2 years ago
there was and more residents wanted the repipe than not
Real Estate Lawyer: Maverick, Lawyer replied 2 years ago
It sounds as if the HOA members voted and adopted a resolution on how to address this matter. Thus, you would be required to comply with those terms. I am not sure if the terms speak to the specifics that you have mentioned. If they do not, then either a re-vote on those matters may be in order or you can challenge the covenants on grounds that they are unconscionable because they do not provide for reasonable notice before assessing the 900.00 charge. The legal cost of fighting this however may be more trouble then just asking them to provide 24 hours notice before scheduling work on your condo building. As far as the painting and accidental damage issue it appears that the HOA members opted to bear those costs and risks as opposed to incurring a special assessment to cover them. Please remember to assign a feedback rating so JA will compensate me for my time. You are free to ask follow-up questions thereafter at no charge. Please allow up to 24 hours for a follow-up response if I am signed off. If, for some reason, you are not satisfied with the answer, I would appreciate knowing why so that I can try to clear up any misunderstanding that may have taken place and still earn a positive rating from you. If you would rather obtain a refund of your deposit, just let me know and I will inform JA on your behalf. Finally, you may request me in the future by beginning the question with "THIS IS FOR MAVERICK". Thank you for using Just Answer.
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Maverick
Maverick
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