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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38207
Experience:  17 years real estate, Realtor. Landlord 26 years
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I live in a DC condo. In 2010 I filed a noise complaint with

Customer Question

I live in a Washington DC condo. In 2010 I filed a noise complaint with my HOA and the board found in my favor, but did not conduct an in-person compliance inspection to ensure 80% of the floors were carpeted. Since then my HOA board members have changed to include my upstairs neighbor. In April 2017, I filed a second complaint and the board hasn't responded to me verbally or in writing. While the management company rep told me he would conduct a physical inspection, I don't know whether that's happened, or the results. I sent a certified/return receipt requested follow-up letter to the HOA c/o the management company. Informing them that it'd been over 8 weeks since I filed my complaint and that I hadn't heard anything. I asked them to tell me if the inspection had occurred, outcomes and next steps AND if it hadn't been conducted why not, when etc. I asked for a response NLT 7-14-2017. Per the P.O. the letter was delivered 7/6. However, no one at the management company would sign for it so it's now at the post office awaiting pick up.If no one does sign for it, it will be returned to me in 15 days. My question is, is there anything I can do to compel the board or the management company to do their jobs/take the required action? Thank you. lbb
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Barrister replied 3 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

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My question is, is there anything I can do to compel the board or the management company to do their jobs/take the required action?

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Absolutely. The Board works for the owners and it is accountable to the owners. Another function of the Board is to enforce the rules and regulations of the Assn and make sure all owners are abiding by them.

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So if the Board is not replying and doing their job, they are in breach of contract with you as an owner and your recourse here is to sue them for breach of contract and breach of fiduciary duty for failing to do the job they were elected to do.

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If you wanted to go with a softer touch, you can have a local attorney send a demand letter to the Board threatening to sue them for failing to do their jobs if they do not investigate your complaint and take the appropriate legal action based on the results of that inspection.

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In most Bylaws, it states that the winner gets their legal costs paid by the loser, so if yours are typical, if you had to sue, when you win the Board has to pay your attorney fees..

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But it probably wouldn't come to that because if you get an attorney involved, they will know you are serious and just do their jobs.

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thanks

Barrister