Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

I had some water damage in my townhouse. The main sewer line

Customer Question
in the common ground broke...
I had some water damage in my townhouse. The main sewer line in the common ground broke, causing a backup resulting in the toilet overflowing while the tenant was gone. The flooring in thr living room now needs to be replaced, but the association board refuses to pay for the flooring replacement, even though the break was not my fault nor the tenants. They said they were consulting their attorney but haven't let me know what he said. This happened 7 months ago and they keep stalling. I can't afford an attorney and they know.
What should I do?
Submitted: 1 year ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 3 minutes by:
3/17/2016
Real Estate Lawyer: Barrister, Lawyer replied 1 year ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,514
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

.

This is a pretty clear cut case of liability here.. The HOA common element failed and caused damages to your personal property. So the HOA, or its insurance, is liable to compensate you for your damages and for any repairs. I don't see how much the damages are, but if they are under $10,000 you can file a small claims court action against the HOA for the damages and you don't need an attorney.

.

However, if your Bylaws are typical, they will have a clause that states that the "prevailing party" is entitled to their legal costs. If so, you could hire an attorney to sue them if they won't agree to reimburse you for any damages and have them bear the cost if you didn't want to sue in small claims court.

.

.

thanks

Barrister

Ask Your Own Real Estate Law Question
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,514
39,514 Satisfied Customers
Experience: 17 years real estate, Realtor. Landlord 26 years

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

39,514 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
My HOA is in Florida. We had roof damage from Irma. We got
My HOA is in Florida. We had roof damage from Irma. We got together and voted to get more information before moving ahead with selecting a contractor to fix the roof. The Head of the HOA, later, sent … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My HOA provided of Chart of Responsibilities, between HOA &;
Second opinion] My HOA provided of Chart of Responsibilities, between HOA &; Unit Owners.However, the are a few areas, such as Roof, the can be challenged if the roof causes inside (Wall Board, Painti… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,157 satisfied customers
My condo HOA said my former tenant damaged elevator around
My condo HOA said my former tenant damaged elevator around 04/20/2017, and asking me to pay for repairing bill, I asked for the repairing invoice for months without getting one; On 11/15/17 condo boar… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,537 satisfied customers
If the pipes in the walls burst in a rented townhouse and
If the pipes in the walls burst in a rented townhouse and tinder it uninnhabital … read more
Damien Bosco
Damien Bosco
3,388 satisfied customers
Can the HOA be sued for damages resulting in a rat
Can the HOA be sued for damages resulting in a rat infestation in a single unit that spread to adjoining units? … read more
Lori
Lori
Juris Doctor
281 satisfied customers
Can a HOA association be created and then immediately call
Can a HOA association be created and then immediately call itself inactive for 10 years because no dues or minutes have maintained or for any reason at all?… read more
Barrister
Barrister
Lawyer
39,514 satisfied customers
I live in an HOA of 29 townhouses in Arlington,. Can two
I live in an HOA of 29 townhouses in Arlington, Virginia. Can two separate homeowners occupy a Board or officer position jointly? In the case at hand, two homeowners have offered to share the Treasure… read more
Damien Bosco
Damien Bosco
3,388 satisfied customers
I live in a townhouse that has an HOA. I am behind on those
I live in a townhouse that has an HOA. I am behind on those payments and offered to make payments of $150 additional per month. They made a counter offer of $1000 a month. There is no way I could ever… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,141 satisfied customers
Homeowner (me) in dispute with HOA. A tree owned by the HOA
Homeowner (me) in dispute with HOA. A tree owned by the HOA has caused significant damage to my driveway. They acknowledge ownership, but have set a cap on reimbursement for driveway replacement of $5… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,157 satisfied customers
I just had a property damage loss in my condo. The HOA is on
I just had a property damage loss in my condo. The HOA is on the hook for the majority of the claim. My personal insurance co paid the deductible. Since I am not the insured, the HOA is, what leverage… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,372 satisfied customers
HOA association failed to maintain the roof in our
HOA association failed to maintain the roof in our California condo building properly resulting leaks. It took them 3 attemots over 2 weeks to stop the leakage. The HOA repaired and paid for the signi… read more
Damien Bosco
Damien Bosco
3,388 satisfied customers
Can an HOA prevent an owner from renting their Townhouse to
Can an HOA prevent an owner from renting their Townhouse to someone with a criminal record?Does the HOA have the right to require that Owner's check & provide a criminal background on a potential rent… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,356 satisfied customers
We live in townhouses that were severely damaged by Harvey.
Hi, we live in townhouses that were severely damaged by Harvey. We own in fee simple and are responsible for our own units, walls, roofs, etc. The HOA has basically dissolved. Some of our neighbors ar… read more
Barrister
Barrister
Lawyer
39,514 satisfied customers
The Board of my townhouse association meets without notice
The Board of my townhouse association meets without notice to the residents and has been making non-emergency spending decisions by email without the residents knowing. Is this legal under Minnesota l… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have lived in a homeowners association in Florida. The HOA
I have lived in a homeowners association in Florida. The HOA has both long term or residential and short term sections clearly defined. I live in the short term section, we pay more than 3 times the r… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
We live in a townhouse ( of a condominium association) on
We live in a townhouse (pat of a condominium association) on the Windward side of Oahu in Hawaii. When we bought our townhouse in 1995, there were many trees in the front and back of our unit. Over th… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
I am having a dispute with my HOA over termite damage. I
I am having a dispute with my HOA over termite damage. I have spoke to an attorney who will write a demand letter but I don't have enough money to pursue it further if the HOA doesn't comply. Would th… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
996 satisfied customers
I am an owner at a townhouse HOA and pay the monthly
Hello, I am an owner at a townhouse HOA and pay the monthly $268/fee. Would I have the right as an owner to request from the HOA board information regarding vendor contracts (Trash Remove, Property Ma… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,356 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x