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SandraB2 (South Carolina)
Posts: 24
Posted:
I have a duplex town home in a pud community. Our Hoa is responsible for all exterior maintenance and repairs excluding windows and doors. I have written them 2 letters, sent pictures of where the water came down my garage wall. I have made repeated phone calls to the management co. The manager has sent out this Mr. fix it guy 3 times who has put sealant and caulk everywhere.He gave me his card and there is no license # so I do not believe he is a licensed roofer. At first I thought the roof was ok because I have not seen any water coming down the garage wall. After further checking I have noticed water leaking out of the vinyl around the eve and the around the front stoop. I also paid one of our board members a visit at his home and let him know the repair person the management co. was sending out was not identifying the problem and I still have a leak and to please not waste any more money sending him out but please send a roofer out. This has been going on over 4 months now. I will be moving soon and renting my unit out to my son so I asked a contractor to come out and give me an estimate for some repairs I need to do on the interior before moving. While he was here I ask him to look at my roof and could he tell me why I still have a leak. Very quickly he said the roof is to flat above the stoop and the water diverters are causing too much water restriction so water is pooling behind it and going up and under the shingles. So I ask him how would you fix it? He said you could pull the roof off and reconstruct it or take the diverter off the roof and put a gutter on to divert the water coming off the stoop. I have called the manager and let her know that I have had a contractor look at the roof who sounds like he knows what he is talking about and I expect them to fix this and to send a ROOFER out. I also left a message with two board members asking them to call me and tell me their intentions because if they are not going to fix this I will have to because my property is receiving water damage every time it rains. I also told them and the manager that if I have to fix this I will have no option but to take them to small claims court to recoup the money I spend. This property and the land it sits on is owned by me but according to our governing docs. it is clearly the responsibility of the Hoa to fix this. Does any one know if in the state of SC you can put the monthly regime I pay in an escrow account until the problem is resolved? I have read that this can be done in some states. If not any suggestions on what I can do? I can not just let the roof leak. The contractor said that if I did not fix this soon I will have alot of wood root under the vinyl and also termites and mold.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
if I have to fix this I will have no option but to take them to small claims court to recoup the money I spend.


Yep, seems like your best bet.

Quote:
put the monthly regime I pay in an escrow account until the problem is resolved?


Never a good idea. Dont do it.

Just hire the roofer, bring the submit the bill to the HOA, if they refuse to pay, bring them to court. Just keep paying your monthly dues like normal.
DennisT (Ohio)
Posts: 109
Posted:
Make sure you get a couple of quotes before hiring the first guy to do the job. I wouldn't be surprised if they tried to argue later that they would have bid the work out and gotten it done for half the price and try to settle on not covering your whole bill.

Roof work isn't cheap so you might want to talk to an attorney - buy an hour of their time just to go over the facts and be doubly sure you're reading the documents correctly. He or she could give you tips on how to pursue the claim in court. I believe the limit for small claims court is $7,500 in your state. Roof work can easily exceed that so small claims might not be an option. That's the kind of stuff an attorney can tell you. If nothing else they should be able to send a demand letter to the association with all the formalities. If the association realizes that you've retained counsel it just might encourage them to take you more seriously.

Do you know off hand if your association maintains a reserve fund? It could very well be that they know the association is responsible for the repairs but they just don't have the money, so they keep hoping they can put it off and it will go away. It certainly doesn't change their obligations but it might explain the response you've (not) been getting.
JohnB26 (South Carolina)
Posts: 1,569
Posted:
have an attorney send a letter to the board (make sure he mentions 'fiduciary duty' and willful disregard becoming PERSONAL liability not covered by D&O insurance

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