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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55292
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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I owe an townhouse under HOA and reported leaking into my

Customer Question

I owe an townhouse under HOA and reported leaking into my home which falls under the dues to be repair to discover a new roof needed as there was and not sure if still black mold in the air space above the ceiling and cracks in the ceiling in more than one place. The HOA have know for over 90 days, they have had 4 consultants, 3 estimates and 1 civil engineer (why civil on structural is be on me). What rights do I have since I have paid dues for over 18 years? Plus, ever time a repair is to be done which falls under the dues, it is a battle with the HOA.
Thank you
KC Cameron-Bash
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Richard replied 11 months ago.

Hi! My name is ***** ***** I will be helping you today! It will take me just a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 11 months ago.

The board members serve at the pleasure of the owners and have a fiduciary duty to all owners. Part of that fiduciary duty is to maintain and repair any common areas owned and controlled by the HOA. So, send a letter to the board members by certified mail detailing the history and demand they make the repairs within a short specified period of time and compensate you for your damages for the delay to date. In the letter let them know that the failure to comply with your demand is likely to result in increased risk of loss and that if they do not cause the outside repairs to be timely made, you will have no choice but to file suit against the HOA and the individual board members. BUT, let them know, if force to file this suit, you will be seeking not only a court order mandating the repairs be made, but also punitive damages due to their either gross negligence or willful misconduct. You want to copy the HOA's insurance company on your letter because that will cause the insurance company to put added pressure on them to get this resolved quickly to avoid future losses.

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

Customer: replied 11 months ago.
service fast but need more, will contact a lawyer Thanks
Expert:  Richard replied 11 months ago.

You're very welcome. I'll be happy to help further if I can, but this forum does have its limits. I do want you to know I take great pride in trying to fully satisfy each of my customers within the limits of JustAnswer so I can be help further, just let me know!