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MIAMILAW1127, Lawyer
Category: Real Estate Law
Satisfied Customers: 755
Experience:  Founding Partner at Moises Law, P.A.
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I currently live in a condo with an HOA. Our unit was

Customer Question

I currently live in a condo with an HOA. Our unit was flooded with water due to stress cracks found in the exterior stucco. This information was confirmed by a 3rd party engineering company.
The damage began occurring on 12/5/15 and continues to happen each time it rains or water runs down the side of the building. The board has been getting quotes now for over a month and currently have three but wants to get another three before selecting a vendor.
During this process we cannot stay in the unit when it rains and had recently been in the middle of a remodel which we were unable to complete due to this damage. Two bedrooms, two closets and two bathrooms have been damage and our property insurance is going to cover all rooms on the inside. Unfortunately we cannot start repairs until the building fixes the problem.
How can I force the board to move faster? Is there a case of negligence here? We do not feel we are responsible for the damage. We purchased the unit less then six months ago and now are facing a huge loss in addition to special assessments and a unusable unit.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  MIAMILAW1127 replied 1 year ago.

Hello. Thank you for contacting me. I am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.

Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

The only way to really speed up the HOA would be by adding pressure to them. The only way to really do that would be to hire an attorney to send a demand letter and ultimately file suit. You can sue the HOA/property management company for negligence and claim the damages the unit has suffered as they are a direct cause of their negligence.

I hope this helps. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Thank you.

Customer: replied 1 year ago.
Thank you for replying, I guess I was hoping for a little more clarity. I know I can sue them, I mean you can sue anyone for any reason in the US doesn't really matter right, wrong ect. What type of attorney would I need to pursue a case like this? Is the previous owner at fault as well? What about the home inspector who evaluated the property prior to us buying it? If the board knew there has been exsisting damage and failed to act over the year would my insurance company still be responsible for covering contents, dwelling and ale? Is the board required to pay for me to live elsewhere while they make repairs to the buolding since I cannot make repairs until the building is fixed? Is there a law that they have a time limit to fix issues such as this? If I were to file suit wouldn't I be suing myself since I own a share of the building? How long would a case like this take?
Expert:  MIAMILAW1127 replied 1 year ago.

You would need to find a civil litigation attorney, typically a breach of contract attorney.

The previous owner could be at fault if they knew about the issues and failed to disclose them. The inspector also if he should have seen the problem during the inspection and also did not disclose it.

Yes, you insurance company would still be responsible for covering the contents, they would just subrogate the claim against the HOA and their insurance company (meaning they would then sue the HOA and their insurance company for the amount they had to pay you).

It depends on the types of repairs you would need to make to your unit. If you can remain in the unit while the repairs are made, the Board wouldn't be obligated to do so. However, if you need to leave the property to make the repairs, then they would.

There is no law stating that they have a specific time limit within which to fix the property.

You would not be suing yourself because you will be suing the Association for negligence. They have insurance that covers them for that. It is separate from any unit owners in the building. You would be suing the Association, the Board, and their insurance company.

It depends on how much they want to fight the case. Typical litigation can take anywhere from 6 months to 2 years. Sometimes, these claims can be resolved quicker. It all depends on what the Association's position is on the repairs and what their responsibility is.