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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.

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Answered in 5 minutes by:
11/7/2017
P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 35,968
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.

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

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Customer reply replied 3 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"?

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Customer reply replied 3 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

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Customer reply replied 3 months ago
still there?

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

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Customer reply replied 3 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...

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Customer reply replied 3 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...

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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.

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Customer reply replied 3 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

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Customer reply replied 3 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

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Customer reply replied 3 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: 35,968
Experience: 12+ yrs. of experience including real estate law.
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P. Simmons
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