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BR3 (South Carolina)
Posts: 3
Posted:
Our HOA is very vague when discussing maintenance. It mentions that the HOA is responsible for exterior maintenance and repairs in one section and Exterior building surfaces in another. If a homeowner has water entry during rain would this not be the responsibility of the HOA to investigate and fix? If it is found that flashing needs to be repaired or replaced would this not also be the responsibility of the HOA? Our association is saying that because this is under the siding, it is not their responsibility. Another factor to this is that they did actually send a vendor to to some work and during this, that vendor installed flashing - this flashing was installed incorrectly which led to water being directed under it and into the wall with no escape path. Please advice on initial responsibility, responsibility after they made the initial repair(even if they "should not have") and how to proceed. At this point all repairs are completed and paid for by the homeowner and the HOA is refusing to pay.
KerryL1 (California)
Posts: 14,550
Posted:
You're condos or townhomes? The wording about maintenance and reports: Is it in your covenants (CC&Rs, declaration)?

Without knowing more, I'd say offhand the wording you provided means it's the HOA's responsibility. Ditto, since the HOA hired repair and it was faulty.

Btw, what do your documents say about window leaks?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Sounds like you contact the HOA to contact the vendor who did the work. IF they messed up, then it was the vendor's responsibility to fix up. The issues should have been discussed with the HOA immediately after the work was done/found to be bad. Waiting just makes it harder to be believed or followed up on.

The HOA can have the right to fix something and send the owner the bill to pay. If they don't pay that bill, then they can lien. Let's say you paint your house "Army Green". It's a violation of the paint color theme. The HOA can pay a contractor to come over and repaint the house. Send you the bill for the repaint job. If you refuse to pay, then they lien for the amount of the new paint job.

Former HOA President
BR3 (South Carolina)
Posts: 3
Posted:
So the problem is that this is ongoing, we did contact the HOA and they kept sending the same vendor who said there work was adequate. We had significant damages due to water/mold after much of this and at the point had another vendor working on it that pointed out that the previous work was faulty. And now the work is completed and we had to pay for it. So moving forward how and who makes the original vendor liable and is responsible for getting us reimbursed? I was told we cannot file a claim against that vendor because we do not have a contract with them, the HOA does.
BR3 (South Carolina)
Posts: 3
Posted:
This is townhomes and the wording is in our CC&Rs. They are arguing that exterior building surfaces is only visible surfaces, but nowhere is this defined. Our entire CC&Rs are pretty vague.
As far as window leaks:
All that it mentions is that homeowners are responsible for repair and maintenance of glass surfaces. But how to interpret this is difficult because what if the leak is coming through the window/door but the window/door is not the problem and the problem is actually the flashing/wall/vinyl around it?
SheliaH (Indiana)
Posts: 6,964
Posted:
Well, you could consider going to small claims court, ask your contractor to testify on your behalf and let a judge figure it out. Since the HOA hired the vendor, you might have to name them both in your lawsuit. You don't need an attorney for small claims court, but talk to one anyway - there may another option, like alternative dispute resolution, if available.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

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