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In our condo in Maryland they did not give us proper notice…

in our condo in Maryland...
in our condo in Maryland they did not give us proper notice of Maintenance and repairs that needed to be done. It is my parents condo and they are overseas but they came especially from overseas for medical treatment and wanted to stay in their apartment and then they were forced to live in an uninhabitable condo or pay for a hotel. They are now paying for a hotel that's causing them costing them thousands of dollars. They said they emailed my father but usually they send us mail and I did not get any mail from them. I am also a co-owner
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Answered in 8 minutes by:
6/13/2018
Olivia Kent
Category: Real Estate Law
Satisfied Customers: 4,570
Experience: Executive Director at Neurogenx Nerve Center of Princeton
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Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is general information for educational purposes only. No course of action is proposed and the information provided does not constitute legal advice. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the website - but if you do want a phone call I’d be happy to do that as well. I'll be happy to help you in any way I can.
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I'm not sure what you mean by "they did not give us proper notice ... [of] repairs"... are you saying they were supposed to do repairs that they didn't do?

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Customer reply replied 2 months ago
No.... They do it did repairs they have to do and of these for building repairs not in our particular apartment but it involved entering our apartment breaking the walls and just making the house uninhabitable
Customer reply replied 2 months ago
Thus parents could not stay in the house and they're very old and they had to rent a hotel which is causing us thousands of dollars

They entered the home, broke walls, and then just left? Why would they do that? What sorts of repairs did they need to do? And exactly what kind of notice did they provide to you?

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Customer reply replied 2 months ago
However this made the house uninhabitable and also the weather was very hot and air condition was turned off in the building for that period period it is a period of 3 weeks. The only noticed they gave that they say was an email sent to my father they did not send an email to me. Their usual form of correspondence is by mail they did not send me anything by mail
Customer reply replied 2 months ago
I think what happened was they assumed my parents were not home because they were overseas and they did not give proper notice

Okay, so if you feel you didn't receive adequate notice (or notice of the type that you typically receive) you could sue them for your damages. You'll also want to take a look at the paperwork you have which may or may not indicate what constitutes notice by the management of the building. If you do decide to sue, though, many people do choose to send a demand letter *from an attorney* since those tend to have a bit more value than a person sending their own letter - and that also demonstrates to a court that you tried to resolve the matter without litigation.

Please let me know if that answers your question - and please ask if you have any additional questions; I'd be happy to answer them. If you don't need any additional information, if you wouldn't mind could you please take a moment to submit a rating. It DOES NOT cost you anything extra and it allows me to get credit for helping you. Sometimes people aren't aware that experts don't get any credit from the website for the time and effort that we spend on our answers unless you rate it positively - and we get instantaneous notification of customer ratings, i.e. who gave what. 5 STARS is always appreciated! You can still ask follow up questions after rating - and of course please ask if you need clarification to anything I've written. There may be some lag in my response time if you follow up with additional questions. It just means I'm working with someone else but I will ALWAYS come back an answer your questions when I'm done.

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Reminder: This site is general information for educational purposes only. No course of action is proposed and the information provided does not constitute legal advice.

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Customer reply replied 2 months ago
Can u see the documents and let me know

The site charges extra for document review - but I'd be happy to look to see if there is a notice provision.

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Customer reply replied 2 months ago
What if there is no notice provision?
Customer reply replied 2 months ago
If you go to homewisedocs.com and put Q73272532 in track your order you will see the docs
Attyadvisor
Attyadvisor, Attorney
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I am a different Attorney. The Attorney you were working with opted out. Did you want a document review?

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Attyadvisor
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Thank you. Let me review the documents.

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I am in. I will respond shortly.

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"Repairs. The Developer, its agents, its successors or e .ensigns, or the Board of Directors or its agent when it takes over operation and maintenance of the Condominium, shall have the right to enter any Unit when necessary to remove violations therefrom and to carry out and repair, maintenance or construction for which the Board of Directors is responsible or for which any Unit Owner is responsible and hat not completed after appropriate notice from the Board of Directors. Except in emergencies, the entry by the Developer or Board of Directors shall be made with as little inconvenience to the Unit Owner as practicable. Any damage caused during any entry shall be repaired at the expense of the Council of Unit Owners unless the entry is made to perform any obligation for which the Unit Owner is responsible, in which event the entry and all work done shall be done at the risk and expense of the Unit Owner."

I see notice but not in relation to repairs. Can you tell me where you are seeing this so I can confirm the breach of their notice duties?

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Customer reply replied 2 months ago
I have not seen anything. I want to sue them because I feel that they have not given us proper notice.

I have been through all of the documents and nothing addresses this situation. That being said if the repairs have caused issues to your condo you absolutely have an action against the Board.

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Customer reply replied 2 months ago
But it says "after appropriate notice...."?? And then if the contract doesn't address it doesn't become a matter of what the law says?

"Customer

I have not seen anything. I want to sue them because I feel that they have not given us proper notice.

14 Jun 2018, 12:06 PM

Me

I have been through all of the documents and nothing addresses this situation. That being said if the repairs have caused issues to your condo you absolutely have an action against the Board."

Where are you seeing this?

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Customer reply replied 2 months ago
Where am I seeing what exactly?

"Customer

Where am I seeing what exactly?

14 Jun 2018, 12:31 PM"

"Customer

But it says "after appropriate notice...."?? And then if the contract doesn't address it doesn't become a matter of what the law says?"

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Customer reply replied 2 months ago
In the excerpt you sent me....line 6

"Repairs. The Developer, its agents, its successors or e .ensigns, or the Board of Directors or its agent when it takes over operation and maintenance of the Condominium, shall have the right to enter any Unit when necessary to remove violations therefrom and to carry out and repair, maintenance or construction for which the Board of Directors is responsible or for which any Unit Owner is responsible and that not completed after appropriate notice from the Board of Directors. Except in emergencies, the entry by the Developer or Board of Directors shall be made with as little inconvenience to the Unit Owner as practicable. Any damage caused during any entry shall be repaired at the expense of the Council of Unit Owners unless the entry is made to perform any obligation for which the Unit Owner is responsible, in which event the entry and all work done shall be done at the risk and expense of the Unit Owner."

My apologies did they enter your unit?

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You can sue them for any damages that were caused to the unit regardless of notice.

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Customer reply replied 2 months ago
of course they are entering almost on a daily basis and they have caused damages but the damages need to be done for work
Customer reply replied 2 months ago
I don't mind the repairs they have done cuz that is good for the building
Customer reply replied 2 months ago
My concern was we were overseas and they did not give us proper notice and now we have to stay in a hotel at our own expense
Customer reply replied 2 months ago
We are living in an expensive area and the hotel has cost us $6,000

You have a lawsuit for damages to your unit. As far as what type of notice is reasonable is up to the court to decide.

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Customer reply replied 2 months ago
if they gave us proper notice we would not have come from overseas at this time
Customer reply replied 2 months ago
what does the law say about the appropriate notice

You can certainly add that to your complaint. As I stated that is something the court would decide.

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The law leaves this up to the court to decide based on the circumstances.

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Customer reply replied 2 months ago
I am asking you what the law says about appropriate notice
Customer reply replied 2 months ago
Okay so why would I sue them for damages?

"I am asking you what the law says about appropriate notice"

The law leaves this up to the court to decide based on the circumstances.

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Yes, you would sue for damages.

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Customer reply replied 2 months ago
Okay so why would I sue them for damages?...
Customer reply replied 2 months ago
how would I do that in Montgomery County
Customer reply replied 2 months ago
can you send a demand letter on my behalf? of course I will pay you

Yes.

"An HOA’s Right to Enter a Homeowner's Unit for Maintenance Purposes

Many HOAs also have the right to enter an owner’s unit to maintain common elements. This happens most often with condominium units, where the interior of an owner’s unit might contain systems serving the building as a whole (such as common plumbing or air ducts).

The HOA typically can send someone to enter an owner’s unit to perform common element inspections, maintenance, and repairs. Commonly an HOA must notify the owner a week or two prior to entering." https://www.nolo.com/legal-encyclopedia/when-you-must-allow-hoa-representative-enter-your-unit.html

As you can see without the governing documents setting out a notice rule it would be up to the court.

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Customer reply replied 2 months ago
but my concern is not the fact that they entered my unit
Customer reply replied 2 months ago
It's that they made my house uninhabitable for the three weeks of the work

Pursuant to the terms of service of the site the Attorneys on the site are not permitted to enter into Attorney/ Client relationships with the customers on the site. As I stated regardless of NOTICE, they are still liable for damages.

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"Me

You can sue them for any damages that were caused to the unit regardless of notice.

14 Jun 2018, 12:40 PM"

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Customer reply replied 2 months ago
Pursuant to the terms of service of the site the Attorneys on the site are not permitted to enter into Attorney/ Client relationships with the customers on the site. As I stated regardless of NOTICE, they are still liable for damages.even if we do it outside of the site?

I am strictly forbidden from doing any business outside of the site. I can provide a link for Attorneys in your area that provide FREE consultations.

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Customer reply replied 2 months ago
what kind of Damages are you referring to?

Your hotel costs etc.

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