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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31770
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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HOA refuses to make timely repairs to water damaged unit.

Customer Question

HOA refuses to make timely repairs to water damaged unit. Damage caused by leaking roof. Renters break lease and move out claiming unit is uninhabitable. Loss of rental income places unit in near foreclosure by mortgage holder.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

If the HOA has a duty to make the repairs, and hasn't done so, then the property owner would have a right to sue the HOA for breaching the HOA contract/bylaws......and the owner could also sue for the lost rental income.

Expert:  Roger replied 1 year ago.

That said, none of this affects the owner's obligation to pay the mortgage. Regardless of what is going on between the owner and HOA, the duty to pay the mortgage doesn't go away. So, if the owner lets the property be foreclosed, then the property will be lost.