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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118175
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I have a dispute about the length of time it took my condo

Customer Question

I have a dispute about the length of time it took my condo association to repair my condo witch was destroyed by my upstairs neighbor. My loss of use cap was reached and I was not reimbursed for my condo fees and mortgage. My insurance co. gave me a check for 4500 dollars to give the hoa for the master policy deductible . The HOA did only ask me for 2500 dollars. I have went to the condo board hearing and was told that I didn't have the proper coverage. I kept records of when they worked and didn't work and showed it to the HOA . It took ten and one half weeks to repair a 700 square ft . condo. They would start working for a day stop for 4 start again for a day then stop for 5 days ect ect .. it was a very stressful time . It took them 8 and one half weeks to complete the job after SERVPRO was done . In that time they worked a total of 18 days . And I use that term loosely . their typical work day was from 9 to 3 with an hour break in between .Do I have any type of recourse against my HOA ? and to make sure this does not happen to any of my neighbors . I was told by one of the condo board members that I should have 6 months worth of hotel stay .
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year 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.

If your neighbor caused the damage to your premises, actually not only could you pursue the HOA for negligence in their making repairs, but you could also sue your neighbor for reimbursement for his negligence causing you damages to your unit. So the condo association does have a duty to make reasonable and timely repairs, which is a breach of their duty to you as part of being a member of the association, but also your neighbor is liable to you for excess damages your insurer did not cover based on his negligence causing damage to your unit.