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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 117370
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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My HOA is refusing to repair outside vinyl siding, it is so

Customer Question

My HOA is refusing to repair outside vinyl siding, it is so bad now the mushrooms are visible from the street. There is black mold growing inside my daughters room. I reported this over three years ago. Now, they are trying to make up a new rule where they only pay 50 percent. I have been discriminated because of my disabilities. I have written them , talked in front of the whole board. We continue to get ill from mold and mildew.
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the HOA bylaws state that the outside siding is responsibility of the HOA to repair and they are not making repairs, first thing you can do is you can sue them (since they have refused to comply with the bylaws) and seek a court "declaratory judgment" to force them to comply with the bylaws. Ultimately, HOA pay for repairs to limited common or common areas through dues they collect and if dues are not enough to make repairs, then they place an assessment on all members for repairs, so ultimately you will end up paying something for those repairs one way or another.
As far as them changing the bylaws, that is up to you and the other owners to stop by going to the meeting and voting the bylaw change down, keeping in mind that if it fails and you force repairs to be made, the Board can impose an assessment on you and all owners to cover the costs of these repairs. You do, however, have a right to sue the board for a declaratory judgment and seek a court order to force them to comply with the bylaws and make necessary repairs.
AS far as your disability, if you can prove that the only reason they are treating you this way is that disability, then you have grounds to sue the board and HOA for discrimination under the Americans with Disabilities Act and also under the Fair Housing Act, for which you would also need a local attorney to represent you.
Customer: replied 10 months ago.
the HOA has rebuilt garages, roofs, fire damage, and no one pays extra because we not only pay HOA dues but insurace as well. this mold is now in my daughters room. it is not healthy.
is there a template I could use stating the facts and I will take them to court. they are making it extra hard on me, being sick and my 86 yr old father.
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply.
This is not an insurance issue, unlike the other issues you mentioned. This would be an issue of repairs that the HOA has to undertake due to the bylaws, which means they have to actually have money in the bank to pay for the repairs.
As far as taking the HOA to court, you will need a local attorney to represent you and if you cannot afford one, you need to go to the local legal aid office or call the state bar for the pro bono attorneys in your area who can represent you for low or no cost.

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