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EllieR1
Posts: 5
Posted:
At our recent annual meeting, we were notified that there's severe water leaking onto a few properties due to cracked water pipes.
Turns out, one of the cracked pipes, is close to the road and belongs to the HOA but adjacent to my property.

We were told that work was going to be done where they would need to dig and fix the pipe, but the HOA would then fill it back up and compact the soil.

They also marked where the electrical lines are, as we have three outdoor lights columns in that location.

Drove up last week and noticed that one of the wires attached to a light was ripped and the light wasn't working. Turns out, they broke it when digging for the pipe.

I spoke to a member of the board who was actually doing the work and his response was, "the wire was too close to the pipe, and the electrician shouldn't have put it there, to go sue him.

Now, true or not the electrical line were clearly marked and he ripped one anyway. Also, he never even let us he broke it until I asked him what happened.

Regardless, I told him I wasn't suing the electrician and he had to fix the wire this week. He wasn't happy, but agreed.
Issue is, I know he won't, and I have a feeling he's going to drag this out indefinitely.

I believe that if the wires were too close to the pipes, then we should have been told prior to any digging, but we weren't.
Also, if it's not fixed this week, how long would you give him? I have no qualms about hiring someone to do the work, and presenting the board with the bill. If they refuse, I can easily take them to small claims court. I would just rather not go that route as I don't want hard feelings with my neighbors.

What are my options?

Oh, and this is not our primary home if that makes a difference.
SheliaH (Indiana)
Posts: 6,964
Posted:
The best way to address this (for now) is to file a claim with your insurance company and let them duke it out with the association's insurance company. I don't know if you can expect this to be fixed this week (as I write this, it's Tuesday, but you might get lucky), but I would hope this is completed by mid-August, if not sooner.

If you want to handle this yourself, that's fine, but I wouldn't get too concerned if you have to go to Small Claims Court if the board cannot or refuses to do the right thing. Don't worry about the neighbors either - this is your home and sometimes you have to do what's necessary. Besides, I'm sure they'd do the same thing if this happened to their home.

If you haven't already done so, start keeping a written record of who you spoke to, when you talked to them and what was said. Send a formal letter to the board via the property manager if you have one, with photos (hopefully you took some that are time and date stamped when you discovered the problem). In your letter, ask for a SPECIFIC date when you can expect the work to be completed - send it certified so you have a record. If necessary, go to a board meeting and ask if they've received it and repeat the question.

Of course, you know to keep copies of letters, emails, etc., for your records in case you do take legal action because you'll need a paper trail.

You said the board member was doing the work - is he a plumber? Personally, I think hiring board members to do association work is a conflict of interest (your neighbors might want to rethink if he should be on the board when the time comes for the next election). Anyway, if he was fixing the pipe, I would think he's a plumber - and therefore, you might want to check with the county or whoever regulates plumbers to see if he's licensed and bonded. If not, the board needs to explain why he's doing the work and didn't have the decency to tell you about the property damaged in the first place. Good luck!


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
TimB4 (Tennessee)
Posts: 21,062
Posted:
Quote:
Posted By EllieR1 on 07/25/2017 8:38 AM

Regardless, I told him I wasn't suing the electrician and he had to fix the wire this week. He wasn't happy, but agreed.
Issue is, I know he won't, and I have a feeling he's going to drag this out indefinitely.

Follow this up with a letter to the Board explaining what happened. Keep it simple and polite.
EXAMPLE:

To The Board,

This is a follow-up letter for documentation purposes of my conversation with [name] on {date} around {time}.

During work done by the Association to repair a leaking water pipe, the electrical wire to my outside lamp was broken. I had a conversation with (name) and showed him/her the break. He agreed that the Association would have the broken wire repaired.

If there are any questions, I can be reached at the following:

Thank you,

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