Negligence of the Board

Started by GenchikY1 • 10 replies • 2051 views

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GenchikY1 (California)
Posts: 6

Posted:

I live on the first floor of the condo building. Damaged seward pipe under my unit caused couple of flooding from under the toilet and throu the kitchen sink. But that's the small issues. Major problem is that One wall is separated from the floor and floor by it's self significantly sunk down. At this point my unit worthless. I can not sell it nor rent it. For one and a half year board refuse to take any action. Insurance denied claim ( obviously) and since the board waited too long statue of limitation preventing HOA to sue insurance. So what can I do now ? Can I sue the Board for negligence and inaction? I don't want to go after HOA because I don't want to members to pay for Board mistakes.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Read your documents to find out the responsibilty of the repairs. It may or may not be from inside the walls out. You need to have an evaluation from a structural engineer and ask a board member to attend or request they get one. Either way the situation needs evaluated by an expert. Most quotes can be done for free.

There can be several reasons for the raised wall including the leak damage. I just had my home evaluated by an structual company and the cost was not that outrageous. A few thousand dollars. So don't go worst case in your head. The unit may be able to sell. Don't rule that out either. You may assume yourself out of the real answers...

Former HOA President

CarolR11 (Colorado)
Posts: 2,563

Posted:

Do you have copies of your written requests to the Board to repair the damage? Did you have a licensed structural engineer inspect the damage and write a report about what the cause of the damage was?

How many stories tall is your condo building? How old is it?

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Drastic measure: Ask your local code enforcement officer for a meeting and show him the damage. This is a major structural issue. He will condem the entire building, ask everyone to leave, and the condo association will fix is right away.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

At this point it only affects you and no one cares.
Tomorrow it will affect everyone in the building.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By GenchikY1 on 04/24/2012 10:26 AM
Can I sue the Board for negligence and inaction? I don't want to go after HOA because I don't want to members to pay for Board mistakes.

Since the Board is the executive organ of the Association, any legal action against a Board decision is a legal action against the Association. If the D&O insurance won't cover the litigation, the Association (aka the membership) would be responsible for defending the Boards decision and covering those associated costs.

GenchikY1 (California)
Posts: 6

Posted:

Plumber run video camera in and it is confirmed that broken pipe caused floors to sink. Structual engineer has come and set that foundation looks fine however he will not put it in writing until 9x12 and 8 feet deep hole will be ecscavated in my living room. ANOTHER contractor mentioned that even if the foundatuin is sound ,structure of the building is jeoperdised and it will probably will not hold to an earthquake more than 5.5. Living in So.Cal it is not very optimistic news.

GenchikY1 (California)
Posts: 6

Posted:

yes, I do have all the copies. Building is built in 1965 and 3 stories toll.

GenchikY1 (California)
Posts: 6

Posted:

Done that. They refuse to take any action until my living room will be ecscavated. And who is paying for that?

GenchikY1 (California)
Posts: 6

Posted:

To TimB4: According to our by-laws I can sue Board members personaly.

GenchikY1 (California)
Posts: 6

Posted:

To SteveM9: You are right. Keep in mind that I have contaimenated soil under me,probably mold,suggestion from the contractor that building is not strong enough to withhold earthquake,2 stories on a top of me and I have 2 little kids as well.

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