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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 19664
Experience:  B.A.; M.B.A.; J.D.
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A few years ago I reported some foundation issues to the

Customer Question

A few years ago I reported some foundation issues to the HOA. Nothing was done and a subsequent leak elsewhere on the property seeped underneath my floors, damaging the newly installed wood and because the HOA refused to quickly act in helping to identify the source of the leak (and thus ensure that it would not reccur) black mold grew. My insurance company denied the original water damage claim (reported long before the mold was found) and the HOA's insurance company also denied the claim. It has now been two years since I can neither live in my town home nor rent it because of the mold. Furthermore, the HOA has still not repaired the foundation underneath the building that my townhouse is located in. They have however repaired the foundation of the building where a former board member was living - despite the fact (as stated by a HOA- hired foundation company during one of the monthly meetings) that my building has one of the worst foundation issues. They also will not release the findings of their forensic engineer showing that the leak has been contained. As such, I am barred from being able to remediate the mold and repair my flooring as repairs will cost upwards of $20,000 and I have no guarantee that the problem will not happen again. I have been payin a mortgage and dues for a property that I cannot occupy, rent, or sell. What should I do?
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Phillips Esq. replied 9 months ago.

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 9 months ago.

I am sorry to read about your difficulties. You have two options: (1) stop paying the HOA fees and mortgage and let them foreclose since the property is not habitable and HOA refuses to do something about it and your insurance company has denied your claim; (2) file lawsuit against the HOA to force the repair and payment of your expenses. You would need the services of a local Attorney who handles HOA/Condo issues to assist you with the case.

You can use the following sites to find local consumer/HOA Attorneys:

Goodluck with your case,