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BillW13 (Florida)
Posts: 1
Posted:
I rent a condo in Florida and the HOA's property manager hired a company to clean the gutters and fascia. They used bleach and the solution ruined my new $3,000 teak chairs on my screened in patio. They sent a notice to homeowners but the notice never mentioned any potential damage to property or any warning of any kind, just that the work was going to happen and it would be safe for the building.
Who do I sue for damages.

The HOA?
The Management Company?
The company that did the work?
My landlord?
JaredC (Texas)
Posts: 264
Posted:
The harm was caused by the company who did the work. It would be unreasonable to expect your landlord or property management company to be at fault. Before you jump on the suing train your best bet would be to work with the property management company to get the vendors information then contact the vendor. They may have insurance that covers your loss.

It's a fairly standard practice for HOA's to require their vendors carry insurance.
AugustinD
Posts: 5,144
Posted:
BillW13, some ideas:

Do you have renter's insurance? If so, consult your insurer on how to proceed.

Is renter's insurance required by either your landlord or the HOA? If so, report back here.

If you try to get the landlord (or his/her insurer) to pay up, you may risk not having your lease renewed or other retaliation.

You can try sending demand letters to both the HOA and vendor. Start polite. Then elevate the letter's tone to make it clear you will file in small claims court. You would have to file "pro se" and it will likely take a lot of time. If you hire an attorney, the cost of the attorney will exceed the cost of your chairs, and you are not certain to win damages and attorney's fees.

KerryL1 (California)
Posts: 14,550
Posted:
Agree with the others. Did, by the way, Bill the notice about the work advise residents to move their furniture inside?? We do that for various things that must be one on the balconies of our high rise.
GenoS (Florida)
Posts: 4,276
Posted:
You can sue anybody for anything. In this case, I think you won't win. IANAL
MarkM19 (Texas)
Posts: 1,459
Posted:
No matter what you should take lots of pictures of the damage as soon as you discovered it. I agree with all that said go to the Vendor first and then try the HOA. The HOA needs to know that a vendor that they hired did some very poor work. They should not be hired again IMO. It is usually required that only licensed and bonded companies get hired by HOAs in most States. If the PMC did not follow this guideline they may have some explaining to do to the board and the HOs.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
It's not your patio. It's the owner of the house. The owner of the house whom is a member of the HOA. So if you have an issue, then need to bring it up to your landlord. That landlord being a member of the HOA can bring it up to the HOA. Who should bring it up to the vendor if necessary. The MC is a hired contractor of the HOA. So their relationship to the HOA and/or Vendor is unknown.

If you have renter's insurance may make a claim there. Lawsuit isn't the way to go. Your only going to get back whatever your owed for pay for the replace or repair of the damaged items. It's all your entitled to.

Former HOA President
NpS (Pennsylvania)
Posts: 4,216
Posted:
Suggestion:

Have the owner of your unit get a copy of the HOA's contract with the vendor. MC must provide it to owner upon request. Look at the liability section of the contract. See what the vendor's insurance is supposed to cover and what's excluded.


Sikubali jukumu. Read all posts at your own risk.
JohnS111 (New York)
Posts: 228
Posted:
You would have a tort claim against the company that did the work.
TamaraG5 (Florida)
Posts: 2
Posted:
IMO, you need to get a copy of the Notice which would have been emailed/and or posted onsite. These notices usually tell you the date & time which the pressure washing of the building would occur and in most cases, they ask that you move vehicles and outdoor furniture. If the notice asks you to move items and vehicles, you don't have much of a leg to stand on with respect to damages.

As these types of projects are approved by the Board of Directors and noticed prior to project start date, it would be on you to follow directions. For example, when the buildings in our condominium association were to be pressure washed, we were not only emailed, but notices were posted on all entry and exit doors as well as on our front door of the unit.

You can sue whoever you want about whatever you want; the property manager and Board of Directors are covered by the Associations D&O insurance, the vendor has their own insurance, the management company as well. Your unit owner/landlord/management company has insurance as well.

KerryL1 (California)
Posts: 14,550
Posted:
I asked Bill, too, Tamara, if residents were advised in writing to move their furniture indoors as they were in our high rise when the balconies were power washed and painted. He did not reply
KerryL1 (California)
Posts: 14,550
Posted:
I asked Bill, too, Tamara, if residents were advised in writing to move their furniture indoors as they were in our high rise when the balconies were power washed and painted. He did not reply

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