Real Estate Law
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You Association governing documents set out the responsibilities of the HOA and those of the owner with regard to interior damages. The cause of the damage is also taken into consideration. Do you have a copy of your governing documents? Can you tell me what caused these issues?
Yes. Can you tell me what your governing documents state with regard to interior matters and how did the damages occur?
If the association is the cause of the damage they would be responsible.
Generally that is how Condos work. The HOA is responsible for the exterior and any damages of result of their negligence in common area maintenance.
The governing documents are required to set out the liability matters in the governing documents. This is a link for the laws that cover PA http://www.ncsl.org/documents/environ/PAcondo.pdf
I am not finding any Condos under the Association name you provided.
hm, Address is ****************, Chesterbrook, PA 19087.
I am sorry the site blocks the address.
"§ 3307. Upkeep of condominium (a) GENERAL RULE. --Except to the extent provided by the declaration or section 3312(d) (relating to insurance), the association is responsible for maintenance, repair and replacement of the common elements and each unit owner is responsible for maintenance, repair and replacement of his unit. Each unit owner shall afford to the association and the other unit owners and to their agents or employees, access through his unit reasonably necessary for those purposes. If damage is inflicted on the common elements or any unit through which access is taken, the unit owner responsible for the damage, or the association if it is responsible is liable for the prompt repair thereof. " http://www.ncsl.org/documents/environ/PAcondo.pdf
If any of this was as a result of actions by the HOA they would be liable.
Let me see if I can find the HOA's governing documents online.
I am not finding the governing documents. I can provide a link for local Attorneys that provide FREE consultations that can review a copy of your governing documents if that would be helpful?
Please do not hesitate to ask me any additional questions that you may have with regard to this matter.
If you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it.
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I agree. You need to be provided with all of the HOA governing documents
I will. Please give me a few minutes. Thank you.
They are not giving me many options http://lawyers.findlaw.com/lawyer/firm/real-estate-law/chester-county/pennsylvania
Let me search a little further.
I probably would but you would need to check with them. I have another link http://lawyers.findlaw.com/lawyer/firm/land-use-zoning/chester-county/pennsylvania
The Attorneys should know Condo law and with the right documents it should be relatively easy to find the section, if one exists, in your governing documents.