Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I have a town home in a hoa. I contacted the hoa in 2014…

I have a town...

I have a town home in a hoa. I contacted the hoa in 2014 about a build up of rain water next to my home that has caused some slight foundation movement small interior wall crks it took about a year but they put in a drainage system. the unit doesn't work and has acutually increased water build up by trapping it next to the home. I had a geo tech engineer come out who said this the wrong type of repair and it will cause greater structural problems with my unit . I have emailed and met with the board and association but they will not move any further. it has been 3 years.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

Of what type do you mean?

Lawyer's Assistant: Where is the home located?

I'm in Hercules northern ca.

Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 5 minutes by:
11/7/2017
P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 37,691
Experience: 12+ yrs. of experience including real estate law.
Verified

Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

Ask Your Own Real Estate Law Question

I am sorry for this dilemma. But not sure I understand your specific question. Do you have a question regarding this?

Ask Your Own Real Estate Law Question
Customer reply replied 9 months ago
the cc and rs state that the association is responsible for draining rainwater from the common area which is where this is.my geo tech engineer did and investigation and wrote up a report which I gave to the board and the association. stating that water is flowing from the common area and depositing next to my unit. with this I requested a mediation hearing, which by cc and rs they are required to attend. they will not respond and will not fix my situation which is putting my property value in jeopardy what recourse other than court do I have . homeowners are telling me they are not responding hoping I will need to go to court and will not have the financial resourses to do so.

sorry..."cc" and "rs"?

Ask Your Own Real Estate Law Question
Customer reply replied 9 months ago
I am at a gym with no access to a phone or my wallet

No worries about phone call...the website sends this autmatically...feel free to ignore

Ask Your Own Real Estate Law Question
Customer reply replied 9 months ago
still there?

You are using an acronym I do not recognize...cc and rs...

Ask Your Own Real Estate Law Question
Customer reply replied 9 months ago
the governing documents. the contract between the homeowners and the manageing association contracts covenants and restrictions

Thank you

I have some thoughts and will type them up...a few mins please...

Ask Your Own Real Estate Law Question
Customer reply replied 9 months ago
what organization puts pressure on the hoa. should I go to the media?

Yea...I am not sure "going to the media" is the answer...but I will address as I type your answer. A few mins please...

Ask Your Own Real Estate Law Question

Thank you for your patience

What you are describing, I agree that the HOA is responsible

And, frankly speaking, if the goal is to force them to honor their obligations? You may well have to go to court.

Can you “go to the media” with this?

Sure…you can contact whomever you like and discuss this. And if you can convince a media outlet to take up this cause? Good for you.

But practically speaking, I would not have this as your sole course of action. In my experience, “the media” has their own agenda (which will vary by the outlet). And you have little to no control over the message the put out. I do not think, generally speaking, that the medial is a good way to solve legal problems.

Still, as I describe, you can certainly contact local media outlets and ask them to investigate/publicize this.

What you are describing, the HOA is in violation of the bylaws.

You can sue them too recover the money you need to pay to correct his problem.

Also, since they are in violation of the portion of the bylaws that require them to mediate such matters? I would use that as a basis to have your lawyer ask that the court order they pay your lawyers fees. Frankly speaking, a letter from a lawyer that you pay, describing that if they (the HOA) do not resolve this soon, they will sue the HOA for costs to repair as well as lawyers fees…it may be such a letter will prompt the board to action.

Bot***** *****ne: if you want to force this? You need to sue. But it may be you can convince the HOA to pay this, when they learn you are going to sue them for your lawyers fees as well as costs to repair

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Ask Your Own Real Estate Law Question
Customer reply replied 9 months ago
you seem knowledgeable on the matter. are you interested? do you do work in northern Ca.

Ahh...thank you for the compliment. THe terms of service of this website prohibit me from representing you

Ask Your Own Real Estate Law Question
Customer reply replied 9 months ago
any one you would suggest?

They will not let me (I can not provide a by name referral). But if you can find a qualified attorney here

https://www.avvo.com

Ask Your Own Real Estate Law Question
Customer reply replied 9 months ago
okay , thank you

Welcome. Thank you for taking the time to accept the answer, I truly appreciate that
phil

P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 37,691
Experience: 12+ yrs. of experience including real estate law.
Verified
P. Simmons and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 37,691
37,691 Satisfied Customers
Experience: 12+ yrs. of experience including real estate law.

P. Simmons is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

37,691 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
My HOA is trying to charge me for a Geotechnical Engineer
My HOA is trying to charge me for a Geotechnical Engineer inspection that they authorized due to cracks in walls that I reported in my home. Upon reporting them, they first sent out a contractor who m… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
What responsibilities does an HOA have regarding a
What responsibilities does an HOA have regarding a foundation problem in a multiple unit condo building? A unit at the front ground level of our 10 year old, 3 unit structure is experiencing significa… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
14,040 satisfied customers
We own a condo in Wisconsin, with an HOA, since August of
We own a condo in Wisconsin, with an HOA, since August of 2014. We do not live in the condo full-time and use it as a rental for a few months of the year. In September of 2015, we discovered water see… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I live in a HOA property since 2006, recently we encountered
Hello: I live in a HOA property since 2006, recently we encountered a heavy rain which caused flooding or kitchen area and the dining room area. Notified HOA about the problem and the possibility of m… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,183 satisfied customers
We have damage in our condo from ground water intrusion. The
We have damage in our condo from ground water intrusion. The association has agreed to fix the cause, (seal the foundation), but our insurance does not cover damage caused by faulty construction, grad… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
My bedroom had a lot of water infliltration. The cause, it
My bedroom had a lot of water infliltration. The cause, it was agreed, was an outside spigot that was found to be open and gushing water. The HOA says I am responsible for the internal damage while th… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
The property. The Patton Avenue Townhomes is a 20-year-old
The property. The Patton Avenue Townhomes is a 20-year-old residential complex in San Pedro, California. It consists of 10, 2-story units with attached semi-subterranean garages. The problem. Several … read more
Dimitry Esquire
Dimitry Esquire
Attorney
Doctoral Degree
5,526 satisfied customers
I am being directed to sign a "Settlement and Release" agreement
I am being directed to sign a "Settlement and Release" agreement in order for my HOA to do repairs on common elements outside my foundation wall. I am concerned that my legal rights are being compromi… read more
Ray
Ray
Lawyer
Doctoral Degree
8,253 satisfied customers
Hello, The windows of my condo were replaced 8 and 1/2 years
Hello, The windows of my condo were replaced 8 and 1/2 years ago immediately after I purchased it. Currently there appears to be water damage on the kitchen wall (outside wall). I reported it to the H… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
I live in on the 7th floor of a mid-rise condo in northern.
I live in on the 7th floor of a mid-rise condo in northern Virginia. I recently discovered there are mice in the building. I was told by the maintenance man here that they have known of the problem fo… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
According to the inspection report on one unit in our HOA (nonprofit)
According to the inspection report on one unit in our HOA (nonprofit) that was for sale there was a crack on its exterior of the foundation wall that appeared to be caused by settlement because of sat… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,344 satisfied customers
I am a homeowner in a town house complex overseen by a HOA
I am a homeowner in a town house complex overseen by a HOA and a management company. The areas of homeowner and HOA fiscal responsibility are defined in our CCNR'S. My challenge is that lack of regula… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
The roof drains on my condo failed during a rain and thousands
The roof drains on my condo failed during a rain and thousands of gallons of water came through the ceiling and caused over $5,000 in damage to carpeting, a TV set, etc. The condo association had been… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
We own a free-standing condo on Cape Cod. We purchased the
We own a free-standing condo on Cape Cod. We purchased the unit in Nov 2010. It is a nice unit of approx 3000 sq feet, including a lovely finished basement, complete with carpeted utility room, full b… read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers
I live in a condo in Middlesex County, MA, Merrimack Valley
I live in a condo in Middlesex County, MA, Merrimack Valley area. My unit's basement started taking water from the outside during periods of excessive rain a couple of years ago. The water is not seep… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I am a unit owner in a Ranch style, 110 unit condo association.
I am a unit owner in a Ranch style, 110 unit condo association. We are having issues with shifting/dropping foundations in units, due to the clay based soil the units were built upon. Accordingly, we … read more
Jane Doe Deer's Jobs
Jane Doe Deer's Jobs
Attorney
Post-Doctoral Degree
14 satisfied customers
I own a townhome that I live in. As an owner I own the building
I own a townhome that I live in. As an owner I own the building structure and the footprint around the building. Everything on the outside of this area is the property of the HOA. Recently I had a wat… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
I live in a Home Owners association and my house is built at
I live in a Home Owners association and my house is built at the property line with this neighbor. My next door neighbor's property drains into my house wall and his property is built up as much as tw… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x