Structural Damage to Foreclosure Unit

For about seven years the bank has been going through the foreclosure motions on one condo unit in our small complex. The owner applied for assistance from one agency to another and each time the foreclosure would come to a halt. The owner died three years ago and the bank has just now reopened the foreclosure file. Obviously no maintenance or repairs were done either before the owner passed or since. The bank occasionally sent someone to inspect the property but they never went inside the unit during this whole time. Visually the interior is a mess but we are concerned there could very well be unseen structural damage which normally would be the responsibility of the HOA. However, we would like to know if there are any cases where the bank was held liable for the cost of structural repair due to their negligence in that the interior was never inspected.

Is there any evidence of things that could have damaged the unit? Like leaking pipes, water closets and windows?

I'm assuming that it's a wood framed structure.

We have not consulted with our attorney yet.
We are presently considering hiring a home inspector. If the inspectors investigation reveals evidence that structural damage may have occurred during the past three years, after the demise of the owner, during which time the bank should have been inspecting the interior of the property as well as the exterior, the question we have "is the bank liable for repair of any structural damage as a results of their negligence in not inspecting the interior of the unit"? Has any HOA out there run into a similar problem with structural damage with a bank forclosure that cost your HOA money?

I'm in a condo building too, Catherine. If something in a unit causes damage to other units or to the common areas, the Owner--bank or private individual-- is responsible. I assume your governing docs say exactly that.

Our HOA is permitted to enter units to seek the sources of damage--water leaks are the most common. We have indemnification waivers signed by all but three owners (of 200+) giving a key or door lock combo to management to enter in case of an emergency & no one's home. These are kept in a safe. The three other Owners understand and signed to the effect that we will break down their door to enter in an emergency. If the source of the problem isn't theirs, the HOA pays for the door & frame damage.

But to enter with no reason to believe that the unit is causing damage?? I'd talk to our HOA attorney. If possible, see if you can contact the bank and have them give you access. If it seems dangerously filthy, perhaps your County Health Dept. can help.

Catherine

If a multi unit building then have at it inspecting it. If a standalone home, then tougher to justify but did I not smell gas, see an open flame, heard screaming......

Catherine,

Why do you believe that there is structural damage? And why this unit and no others? Why has your association not exercised its presumed right to enter and inspect?

You appear to be trying to make a case that the bank has been negligent for not going into a unit they may not yet own but one could make an even stronger argument that your association has been negligent in failing to inspect when it has the right to do so.