HOA won't pay!

The HOA hired a construction co. The construction company damaged my garage. The construction co. denied they were liable and blamed it on a faulty garage door. The HOA requested I hire someone to take a look. The technician I hired stated there was nothing wrong with the components of my garage door and the damage was caused by the construction crew. Once I submitted this to the HOA they decided to call their own company. No relation to me or the HOA. Their technician confirmed nothing faulty and placed the responsibility on the construction crew. The HOA president was present for the ENTIRE duration. A few days later their company submitted a quote without a full report as they didn't feel the need to write a report since we were advised verbally. The HOA president changed the story around and I got an email from the HOA property manager saying it would be my responsibility and that the construction crew company didn't do it. After further pressing I requested a full report I eventually got the email from the HOA sent by their tech which states exactly what their tech told me it was thru no fault of my own. What recourse do I have?

Hi MelissaP1 thanks for the reply. All this time the HOA is wanting me to handle it thru them. I.e. submit my complaint, submit the report and estimate from my garage hired tech etc. After this they called their own technician (3rd party) and they still want to contest what he is saying. I agree that the construction company should be held liable. The problem becomes that my insurance is set at 1500. The damages may be a little under this. The board members are having a meeting mid OCT to discuss. I can't see how they could say NO after their own tech stated it was caused by them and I have proof from him. The HOA property management co is aware of their technician's position as he was the one that sent me the info.

Thanks. I was initially sent an email stating it was my responsibility and that they (contractors) were not at fault. When I emailed the HOA management co. and stated this was not what I was told. He told me he was confused and would call the garage co. directly. Again this being the company they hired. Once he did that he was told verbally and via email that there was nothing wrong with my garage and that it was the construction crew and there was no pre exisiting damage. I don't understand why they are protecting this construction co.

Markm19 thanks for your response.

Can you please explain this "I wonder if they have had several claims against them and they are worried about being cancelled." HOA being canceled by their own insurance.

For the record I pay my dues timely and have had no complaints against me. I take pride in my property as I am a first time homeowner- single mom. I recently had the garage inside painted and put in a built in shelf. My painters can attest it was fine. I also upgraded my kitchen from the studs up and put in new appliances. I take pride in my property and am always out there sweeping near my garage. It bothers me how the HOA president flipped it and lied. Honestly is affecting my health as well.

Makes sense. Thanks for explaining. My property was built in 2005. I would estimate there are maybe 50 units. It is not that large at all.

The HOA president after meeting with the HOA hired garage tech. Either verbally or in writing told the HOA property manager a different story.

My case was denied. And they stated it was my responsibility and that the construction crew had no part.

When I pressed for more information, because I was told a different story. He emailed me back and stated he was confused and that he would call the company directly. Which he did and that is when he verbally and via written got the same feedback I got from the tech.

He than sent me what the tech stated.

But to lie and deny me when he had nothing in writing from their hired company and was just going based off the word of the HOA president who was present. Would that not be a breach of fiduciary duty?

Sarita,
Your HOA president made an error in not telling you the truth or changing the story. I have attached the Davis-Sterling link for Fiduciary Duties. I am not sure I would use that language in my dispute. I would however tell him that he will be called out by you at the next board meeting for what it appears you caught him doing. I am assuming he does not have any relation with this Contractor. If he did then it would be a conflict.

https://www.davis-stirling.com/HOME/Fiduciary-Duties-of-Directors

Sarita

You say as of now the BOD wants to handle it versus involving any insurance company and they are meeting in mid-October to discuss. What do you expect from posting?

If the damages are below $10k or whatever the maximum threshold that small claims courts in your county handle, file a small claims case against both the HOA and the construction company. Let them sort out who will pay you. You shouldn’t have to file an insurance claim because it isn’t your fault.

Hello Paul, I estimate the damages to be about 600. Fixing the garage panel and painting the panel to match the color of the rest of the panels. I am taking an island vacation and will be gone till the middle of the month. By the time I come back the board will have already made up their mind for a second time. I do plan to take this to small claims court after reading the responses here and doing research on my own. Honestly, at first I was hesitant to take it the legal route as I felt I would no longer be in their good graces and they would have their mark on me. But I started to think that the HOA president already lied and did me dirty. Whose to say she won't again. I believe she cannot be trusted. My main concern was in case anything happened and I wanted to rent my unit. Only a certain amount are allowed at this time, although I hear they are trying to change that. Anyhow, I plan to stick up for myself and not let them walk all over me. I won't be filing a claim thru my insurance.

Appreciate the response.

HOLD your suing horses... Suing your HOA is suing yourself and your neighbors. This isn't a lawsuit situation. It's an insurance claim one. The burden of proof is on you to prove it. Which also means going to the actual vendor to make the claim. The HOA may need to work on your behalf as they did the actual hiring. However, this claim with the bill of repair should be submitted to the company responsible. You will get denied as insurance always deny the first time. So submit again.

If anything, I may hire a lawyer NOT to go to small claims but to go to the contractor who did the damages.

SaritaS, thanks.

This is a classic lawsuit situation.

Person X (either by itself or through an agent) damages Person Y's property. Person X has to pay. Period. Person X should not be stalling on paying Person Y.

I'd sue the HOA and the vendor; you can do so in the same lawsuit. They'll then work out who has to pay. And next time they'll think twice about dragging you along like they have.

The HOA should have made the vendor ensure that it had insurance for the work, and the vendor should (if the HOA had good legal counsel) be obligated to pay the HOA for any losses that the HOA incurred due to defective work or other bad acts by the vendor. So go after the HOA, and it'll make the vendor pay, or go after the vendor; you have grounds to do both.

You shouldn't have to bear the costs of this or be dragged along like this.

Spoken by a true lawyer. No offense. There is no need for a lawsuit. IF you want one, then get one for writing a letter or confirming you have the right to file the claim. Otherwise you are costing you and your neighbors unnecessary money just for a $600 repair. The court ONLY makes you Whole.

They haven't even heard back from the HOA yet and you got them going to court! 1st off it is the contractor's insurance responsibility. Of course they are going to deny the claim. It's what happens. You have the HOA contact the contractor again and get their insurance information. The HOA then has the contractor come fix the issue or file a claim on the insurance.

Your skipping the steps where the contractor is to come back and given a chance to fix the issue. They have the right to do that before one goes down the rabbit hole...

The HOA is ALL the neighbors. It's NOT an individual thing. Having run a HOA and having contractors do damage, the route I go is to the contractor to resolve the issue. If not, I am certainly NOT going to spend a dime of the HOA's money. It's NOT my money to spend. It is ALL the neighbor's money. How many would agree we fork over money for this? NONE.

Also, to add: it's ridiculous to have to have a board meeting in mid-October over a below-$1000 expense of the contractor. If board action is needed, it can be done by written consent or a call. All that the HOA should be deciding is how to get the contractor to reimburse the HOA for the HOA's payment to the owner, which should already have been made. This is another ridiculous example of a HOA acting badly just because it thinks that it can.

Melissa I am certainly not jumping to a lawsuit. The issue happened in mid August. It was first mentioned to the construction crew who told the HOA president (resident) she had me send an email to the Property manager all of which I did. Throughout this process I have given them time. I do not frequently bombard them with emails and updates. This meeting in mid october will be the second. Bear in mind with no documentation at first from THEIR OWN hired technician they said I was responsible. Yet after I spoke to THEIR technician he said he never changed his story from what he first told me and the president. It was in an email that the property manager said let me call them myself as I am "confused." Once he did he was told the same thing by their tech that he advised me. I feel like I have been fair and have done right in the way I have allowed more time and handled this situation, thus far.

Thank you Paul.

What I find amusing is that the HOA never advised me to go after the construction company. We are not talking about thousands of dollars in damage. I cannot see why the HOA is protecting them. After all since it was determined they did the damage. I am sure the HOA could always recover the damage from the construction co.

Good for you. Enjoy.

Just to add she stated I was persuing it the right way..i.e through my HOA...

NpS

Thanks I know you weren't. I am just researching all the avenues. So I am better prepared when I come back. After all it has been over a month since I am dealing with all this stuff. Just trying to be well informed and have a plan for if they say NO. Because to be honest with you. The way she sweet talked me prior and the way the email from the property manager saying he would imagine they would fix it if it was determined only to find out I am in the mess. I would rather prepared. They just have proved to me this is not going to be easy.

I will try to focus on vacation. I still have to go home from work and pack. haha!

Hello all! I just wanted to give everyone a surprising update. I left for vacation on 10/1 and arrived at my destination on 10/3. On 10/4 I got an email from the HOA management company that they would go ahead and pay for the panel to be replaced. I was taken aback since the meeting was on 10/17 and it would be discussed then. But thankful that it had been resolved and that I did not have to go to court or anything. I was able to enjoy my vacation. Except that my child got sick and of the 13 days we only enjoyed 6 days. But we still had a good time. Have a good evening, and thanks to all for your input!