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I live in a newly built (5-6 yrs old) housing plan with an…

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I live in a...

I live in a newly built (5-6 yrs old) housing plan with an HOA. The road in front of my house is sinking in and crumbling. The HOA told me that the part I live on is not part of the road, but a shared driveway, and it is the responsibility of the four of us who live along that section to maintain and repair it. I feel that there is something wrong underneath the road in that area because it is only sinking in that one spot. I have also had an asphalt company and an engineering company tell me that the road/driveway was not put in correctly to begin with. It seems to me that this problem should be the responsibility of the HOA, builder, or developer, not me and my neighbors. We have wondered if we should be getting a real estate attorney to help us with this problem. Linda Fetcko

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

Pennsylvania

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

To whom? I reported it to the HOA and I said what their reply was.

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

I feel the HOA should be working with me but they are fighting me. I reported it to an engineering firm who came out to make an assessment. My understanding is that they are engineers for the county, which is Washington County.

Submitted: 3 months ago.Category: Real Estate Law
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Answered in 11 minutes by:
1/3/2018
Real Estate Lawyer: Legal Eagle, Lawyer replied 3 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 10,129
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Real Estate Lawyer: Legal Eagle, Lawyer replied 3 months ago

Thanks so much for your patience. So, if you have reason to believe that the damage to the roadway is on the HOA's land, it would be important to get a real estate attorney involved. You may need to get some experts to continue to help you out to find out the root cause of the problem and to find out the actual physical location of the problem as well so an appropriate determination can be made. The better and more accurate information that you have from the experts, thee easier it is going to be for an attorney to draft a letter to the HOA on your behalf to request that they pay.

If it can be determined that they should be paying, but don't, then it's going to be a breach of contract.

A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because you can download the forms right after purchasing. Click here to get started.

What other questions did you have for me today?

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