HOA Help.

joe735 profile photo

First rehab, but have a little problem. Their was some exterior dryrought on the unit, and the HOA is trying to get me to pay for it. A contractor has already stated the cause was due to improper maintenance of some flashing around a window. They say since the window was added by a previous owner that the damage is my responsibility. Is this the case? I feel since the damage is a result of neglect on their behalf I should not have to pay. They also have some bogus excusse that they have no maintenance crew so responsibility for maintenance falls on the home owner. I have never heard of such a thing in a planned development. Do you know of any case law or sites that might help me presnet my case at a board meeting? I am in oregon if that helps. thanks

Comments(14)

  • InActive_Account13th June, 2006

    Do you have a copy of the by-laws?

    Also, how much damage are we talking about? Is it really worth the hassle or not just getting it taken care of?

  • finniganps13th June, 2006

    If the prior owner added the window and installed it improperly, I think you may have a problem. Was the window approved by the HOA (if required)? How much damage are you talking about here (estimated cost)?

  • joe73513th June, 2006

    Yes the hoa approved the window, it was installed by a contractor. Hoa is saying $15,000.

  • joe73513th June, 2006

    sorry by-laws state the hoa is responsible for exterior maintenance.

  • finniganps13th June, 2006

    Quote:
    On 2006-06-13 15:59, joe735 wrote:
    sorry by-laws state the hoa is responsible for exterior maintenance.


    So does this mean they will pay for it?

  • InActive_Account13th June, 2006

    $15,000!!!!!!! HOLY CRAP, that a lot for " some exterior dryrought on the unit"!

  • joe73513th June, 2006

    they are fighting it saying it is my responsibility, because the previous home owner added the window. The hoa rep. told me that the window voided any maintenance obligations they had. He said it is part of the by-laws, but it is not included in the cc&r, and he can not tell me when this policy was adopted or even show me a copy at the moment. If they have a legally recorded doc and it was put into effect after the window was installed, would it effect the prior work? thanks

  • InActive_Account14th June, 2006

    call your state bar association and tell them you need a lawyer referral today. This is something that should be resolved by bringing out the big guns.

  • InActive_Account14th June, 2006

    Lord! These are the worst fights to be in, the HOA is going to be fighting you with your own money!

  • bargain7614th June, 2006

    Or on the other hand it could cost $2k to $3k.

    Wood rot? Or termites? Just the floor, or joists and beams, too? Does the job have to be good enough to pass a WDO inspection for a retail sale?

    No kidding, it could cost thousands.
    [addsig]

  • mikejaquish15th June, 2006

    Never say "Never."

    That said, (almost) NEVER buy seller repairs. I say (almost) to weasel in cases where lenders or local codes require repairs prior to close.

    By the time one pays for reinspection, a licensed individual as a witness, and loses due to a poorly written agreement (not that THAT ever happens), and court costs for subpar or undone work, one could have had it done right, with less stress, and killed a case of Night Train.

    NEVER request seller repairs. ALWAYS knock the offer down adequately to allow for a full, quality repair.

    NEVER and ALWAYS... HMMM... them thar rarely applicable, but in this situation, quite appropriate, absolutes.
    [addsig]

  • d_random16th June, 2006

    Hey everybody-

    He did the repairs. Thanks for all the advice! Also, good suggestion mike!

  • mikejaquish17th June, 2006

    Glad it worked out for you, Donnie.


    Quote:
    On 2006-06-16 22:21, d_random wrote:
    Hey everybody-

    He did the repairs. <IMG SRC="images/forum/smilies/icon_smile.gif"> Thanks for all the advice! Also, good suggestion mike!
    [addsig]

  • Stockpro9918th June, 2006

    It usually is the bathroom with the subfloor problems and they are pretty easy to fix under $200.
    [addsig]

Add Comment

Login To Comment