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If HOA by-laws regarding exterior maintenance have changed…

If HOA by-laws regarding...

If HOA by-laws regarding exterior maintenance have changed since the HOA re-sided my unit (to now the exterior is the responsibility of the unit owners), and I am having problems with that siding, do they have any responsibility?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state the association is in?

Virginia

Lawyer's Assistant: Has anything been filed or reported?

We have inquired about their responsibility, we have water issues inside the unit.

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

An insurance adjuster has been out to help with interior problem, the siding in question is Hardee-Board and we have very good reason to believe it was put up wrong, and without a contract while our unit was being redsided.

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Answered in 17 minutes by:
5/31/2017
socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,980
Experience: Attorney and Real Estate broker -- Retired
Verified

Hello,

Virginia law treats a homeowners association's controlling documents (covenants and bylaws) as a contract between members and the association. The issue here is whether or not you reasonably purchased your property under the assumption that the association would be liable for the exterior of the property, and that the association's modification was without your consent.

This is actually a very difficult contract law question of fact, which almost certainly would require litigation to resolve. There is case law in Virginia of a similar case (Robinson-Huntley v. THE ASSOCIATION, 756 S.E.2d 415, 287 Va. 425 (2014)) -- but, the case only shows the difficulty in resolving this sort of legal issue.

The bot***** *****ne is that a jury could rule either way on the issue, and that should make a negotiated settlement the preferable solution for both you and the association -- given that litigation could cost far more than the needed repairs.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf.

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socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,980
Experience: Attorney and Real Estate broker -- Retired
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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