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I live in a townhouse, HOA is managing the area. The issue…

Hi, I live in...

Hi, I live in a townhouse, HOA is managing the area. The issue is that the floor in the living room and the hall is "sinking" (a slope at the edge of the wall. WHo is responsible for the repair?

Lawyer's Assistant: Do you have copies of the governing documents? When were they last updated?

Yes, npothing in there

Lawyer's Assistant: Where is the property located?

Chesterbrook, PA 19087, Picket Post condominiums

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, mold on the wall of the unfinished basement due to water standing behind for days once it rains heavily who should repair

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Customer reply replied 1 year ago
there are some cracks in the interior walls in the living room (the one with the "sinking/sloping" floor
Answered in 21 minutes by:
4/20/2017
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 9,007
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
Verified

Welcome and thank you for your question. I will be the professional that will be assisting you.

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?

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Customer reply replied 1 year ago
ok, thank you. Do you have any additional questions to help getting the answer?

Yes. Can you tell me what your governing documents state with regard to interior matters and how did the damages occur?

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Customer reply replied 1 year ago
the documents I have for the association do not list anything related to such damage. There was no particular one time event that caused the floor to sink, I suppose it just started overtime and now is rather visible. As for the mold on the interior basement wall - this is because of the poor drainage of the "common area" right behind the house

If the association is the cause of the damage they would be responsible.

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Customer reply replied 1 year ago
in general when we moved in 1999, we were told the the "outside" is responsibility of the HOA and the "inside" is owners. However we are responsible for roof repairs, painting of the deck, the outside door and shutters etc.
Customer reply replied 1 year ago
that would potentially apply to the mold. What about the floor?
Customer reply replied 1 year ago
cracks in the interior walls

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.

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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

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I am not finding any Condos under the Association name you provided.

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Customer reply replied 1 year ago

hm, Address is ****************, Chesterbrook, PA 19087.

Customer reply replied 1 year ago

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

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Customer reply replied 1 year ago
ok, so that means I have a chance to have mold damages done by HOA but the sinking floor is on me

If any of this was as a result of actions by the HOA they would be liable.

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Let me see if I can find the HOA's governing documents online.

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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.

You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out. Thank you for your consideration.

Thank you for using JA! We appreciate your business.

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Customer reply replied 1 year ago
ok, yes, I have a hard copy but it just lists bylaws
. If there is an attorney locally I could reach out to to review the documents, that would be helpful

I agree. You need to be provided with all of the HOA governing documents

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Customer reply replied 1 year ago
let me know pls. who to contact locally?

I will. Please give me a few minutes. Thank you.

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Customer reply replied 1 year ago
of course, 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.

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Customer reply replied 1 year ago
well, it has offices listed with free consultation, not far from here. Would they review the condominium law for free?

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

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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.

Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 9,007
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
Verified
Attyadvisor and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 1 year ago
ok, thank you! I will contact the office close to here and see what they say. Thank you for your help. I will provide rating.

Thank you.

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Customer reply replied 1 year ago
have a good day!

You too.

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