HOA neglect

Hi,

I have a question regarding my HOA and was looking for some advice!

For the past 3 years I have been asking the board to fix leaky pipes in the garage. After 2 years of fighting, the board finally fixed all the leaks, but conveniently forgot to fix the leak over my parking spot. That leak is either coming from a bad pipe, my house or my downstairs neighbour. (I am on the top level). There is also some question whether those leaks fixed were actually home owner responsibility, but the HOA paid for the repairs.

We now have a new board. The new board has said they will fix the leak, but if it's owner responsibility, I will need to pay. I'm wondering how this is fair, since the old board fixed all the other leaks but 'forgot' my leak. The old board kept saying they were sorry and would get around to fixing the leak, but they never did.

So now whatever is wrong, has had 3 years to get worse. I feel it's really unfair I paid for everyone else's leak, and now I get the entire bill for my leak as well? A leak which has had 3 years to worsen?

What can I do?

Thank you so much for your response.

Thank Rob for your response. It just feels so unfair.

Jennifer,

Susan is on to something here. I've been giving your problem some additional thought, and there may be some grounds to negotiate, if nothing else. For what it's worth...

First, some questions, and you may need to do some research in order to answer them all, but it's vital that you get these answers if you plan to fight this:

1) Does your HOA have a written plumbing or architectural policy that defines responsibility for water leaks, and damage relating to leaks? Please provide it here, if you can.

2) Does the written policy, if there is one, cover your particular situation?

3) Assume for a moment that when you first brought the leak above your parking space to the attention of the Association, you had been told it was your responsibility to correct it and to repair any damage to the building that resulted from it. According to your Association rules and regs, who would have been responsible for hiring the contractor? Would it have been you, or would the Association have taken care of it, and then billed you for it?

4) Do you have written proof that you repeatedly tried to get the Association to fix the leak?

5) How did the previous board respond to your request to have the leak repaired? Is it in writing?

6) When the previous board finally set out to repair the other leaks in the garage, was there anything about your leak that was different in comparison to the other leaks?

7) When the previous board repaired the other leaks, were any of the homeowners charged?

8) When the previous board contracted the repairs for the other leaks, was your leak included in the scope of work? In other words, is your leak in the written description of the work to be performed?

9) Describe the additional damage that has occurred since you first complained to the Board about the leak.

I know this is a lot of work, but knowledge is power.

Rob