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Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 33476
Experience:  30 years of real estate practice experience.
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Below is the response from our HOA president. The email I

Customer Question

Below is the response from our HOA president. The email I used
to send my original text to him is correct.
Do I have to prove negligence to receive a favorable ruling in small claims court? HOA bylaw is silent as to intent regarding damages to units.His response-I have reviewed my e-mails and cannot find any correspondence from you on this matter. I do know that there is a mailing list that was developed last year that omits my e-mail. This was done so that a handful of owners could communicate to other owners without my seeing their letters. There is also a very old mailing list that has my old e-mail on it. I was also told by Leesa [Deleted] that you were going to call me. Again, no connection.Lynda, you may call a meeting if you wish, or you can save your concerns for a future, scheduled, board meeting.The situation with your drywall damage is simply this: You own the drywall in your condo. The damage to your drywall is not a HOA matter. Turn this over to your insurance company. Lynda, you may recall that I have forty years of experience in the insurance business. An unforeseen, unknown seepage of water from the plumbing pipe in the unit above yours, does not create liability for your damages.If, on the other hand, the condo owner knew that the pipe was leaking and failed to correct the problem which caused damage, then they would be liable. This is the rule of negligence.Sincerely,Gary
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Loren replied 1 year ago.

You would need to show an obligation in the bylaws to pay for your damages. Absent a provision in the bylaws or a statutory obligation, then you would need to prove negligence.

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