by Guest » Thu Sep 12, 2013 08:09 am
I live in the ground floor (owned by me) of a three floor condo. The top floor foreclosed a few months back and caused around $10k of water damage to my unit. I believe their patio slider door does not close. Each time it rains, all the water runs down my wall. I’ve no clue if the water is actually coming down from their patio slider. But there is no doubt that it is coming down from upstairs. Since it keeps raining, the insurance has denied to touch it.
This is continuing for more than 10 months and my association keeps promising to tell the bank (now HUD) to fix the thing, but it’s still the same. Ive been paying the association $200 each month for this…
Do you have any idea what should I do now? I cannot afford to hire a lawyer and sue the association.
This is continuing for more than 10 months and my association keeps promising to tell the bank (now HUD) to fix the thing, but it’s still the same. Ive been paying the association $200 each month for this…
Do you have any idea what should I do now? I cannot afford to hire a lawyer and sue the association.
Posted: Sat Sep 14, 2013 01:36 am Post Subject:
Do you have any idea what should I do now? I cannot afford to hire a lawyer and sue the association.
Contact the local bar association and find out if there is an attorney who will take the matter on contingency or pro bono.
Posted: Mon Sep 16, 2013 07:27 am Post Subject:
In case of a damage or destruction to your property as a result of casualties like fire or otherwise within the amount of $10k, then it is the Board of Directors' or the Association's duty to get that repaired, including the damaged units/kitchen or bathroom fixtures that was initially added by the declarant (you).
However, this provision of the law does not cover any wall, ceiling or floor decorations, coverings, other furniture, furnishings, equipment, fixtures installed by the unit owners in the units.
The Association is authorized to disburse the proceeds of all insurance policies to the contractors who have undertaken the repair work in accordance to an appropriate progressive payments.
However, any amount of repair cost that goes in excess of the insurance proceed should be considered as a common expense and the Association is liable to assess all the unit owners to pay for such deficit as part of the common expenditures.
Hence, you can now send a notice to the Association claiming that they're out of compliance and that you're preparing to assert your rights in accordance to a more constructive fashion.
So, you may go ahead and sue all those members of the Association and let them do all the convincing at the court under a competent jurisdiction, or any kind of remedy you are entitled to by your execution of the Covenants, determine, why they are still not party to the necessary action.
Posted: Mon Sep 16, 2013 12:37 pm Post Subject:
Hence, you can now send a notice to the Association claiming that they're out of compliance and that you're preparing to assert your rights in accordance to a more constructive fashion.
So, you may go ahead and sue all those members of the Association and let them do all the convincing at the court under a competent jurisdiction, or any kind of remedy you are entitled to by your execution of the Covenants, determine, why they are still not party to the necessary action.
AMAZING! adamsarthur seems to have read and quoted from the OP's condo owners association CC&Rs and is now giving legal advice. Or was he reading someone else's? We'll probably never know.
Personally, I would neither trust nor follow the advice of an otherwise illiterate person such as adamsarthur even if he were an attorney, which he is not.
Posted: Mon Sep 16, 2013 02:03 pm Post Subject:
In the aftermath of this remark, I just have this to say, "Everyone thinks of changing the world, but no one thinks of changing himself." -- Leo Tolstoy.
And finally,
“When the debate is lost, slander becomes the tool of the loser.”-- Socrates
Posted: Mon Sep 16, 2013 03:40 pm Post Subject:
The truth will set you free. John 8:32
Posted: Tue Sep 17, 2013 12:45 pm Post Subject:
'Sticks and stones will break my bones, but words will never harm me'. - Unknown Caveman
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