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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38216
Experience:  17 years real estate, Realtor. Landlord 26 years
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My unit was damaged inside do to ice damming in February

Customer Question

my unit was damaged inside do to ice damming in February 2015. The HOA will repair the inside and has signed a contract. However, the HOA is staling to do the repair, there are always other project more important projects. The way it looks it may be November or December 2015. Are there requirements that repairs should be done at a certain time or what are my options?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Barrister replied 2 years ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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If the HOA Bylaws state that they are responsible for any repairs and they are stalling, then you may have to force your issue to become a priority for them. The first way to do so would be to have a local attorney send a "demand letter" threatening to sue them for breach of contract if they don't take the necessary steps to begin any repairs immediately.

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Then if they still don't take action, you may have to actually file suit against them to force them to comply. However, under most Bylaws that I have seen, there is a clause that states in the event of any dispute between an owner and the HOA, the "prevailing party" is entitled to their reasonable legal fees. So if your Bylaws are like virtually all the ones I have seen, then you could hold them liable for your attorney costs if you actually had to sue them.

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thanks

Barrister