HOA Claims That I Am Responsible for a Previos Owner

Started by JoeB21 • 12 replies • 820 views

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JoeB21 (California)
Posts: 19

Posted:

I moved into an HOA ten years ago.

A previous owner - almost thirty years ago - enclosed the deck and the HOA is now claiming that my windows caused dry rot and that I am responsible for all of the damage.

The previous owner got permission from the HOA Architectural Committee for this work but the work was done without permit and the HOA can't present the original paperwork that the owner signed accepting liability for the work.

The HOA can'r prove what the previous owner agreed to.

The HOA would like me to write a check for $20,000.00

What is the process to fight this craziness ?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Should have been caught by Home Inspector 10 years ago. Question what does the Dry rot have to do with anything else in the HOA? Confused. If they are your windows, then don't you pay for that?

Former HOA President

CathyA3 (Ohio)
Posts: 6,299

Posted:

Read your governing documents. In there you should find definitions of: 1) your unit; 2) common elements; and 3) limited or exclusive use common elements. You should also find a section that outlines who is responsible for what. Hopefully it will also state specifically who is responsible for improvements added by the homeowner.

Typically the homeowner is responsible for repairs to the unit, the HOA is responsible for repairs to the common elements, and it can go either way with the limited common elements (I've seen both).

In my community decks and patios are considered limited common elements and the homeowner is responsible to maintain, repair and replace. Improvements added by the homeowner are also owner responsibility, not the HOA's. However, there are other communities (such as high rises) where the HOA is responsible for decks and balconies.

But it all depends what your HOA's documents say. IF you can post verbatim quotes of the relevant portions of your governing documents, someone will be able to untangle the legalese and put it into plain English.

JeffT2 (Iowa)
Posts: 880

Posted:

Put in a claim on your homeowners insurance, which is typically a package of coverage for property damage, liability and a few other things. You need to make a claim for liability, which covers your liability for damage to other people's property, in this case whatever the HOA is claiming that you are liable for. The insurance company will provide a lawyer to defend you at no cost to you.

The property damage portion of your insurance covers your property, not other people's property. I am assuming that the damage to the deck is common area and therefore not your property. So that part of your coverage (property damage) will not help you.

You do have insurance?

PaulJ6
Posts: 990

Posted:

I'd do an "accord and satisfaction": if the HOA has demanded $20,000, dispute the debt in writing and send checks for your HOA dues, marked "paid in full". (Your state should have more precise requirements in its state law; Google will find them.) A valid accord and satisfaction is a valid defense against demands for payment. I've done it.

NpS (Pennsylvania)
Posts: 4,216

Posted:

Quote:

Posted By PaulJ6 on 11/12/2019 11:58 AM
I'd do an "accord and satisfaction": if the HOA has demanded $20,000, dispute the debt in writing and send checks for your HOA dues, marked "paid in full". (Your state should have more precise requirements in its state law; Google will find them.) A valid accord and satisfaction is a valid defense against demands for payment. I've done it.

Not sure where, but I remember seeing a case summary about a homeowner who claimed that the HOA had to apply payments according to the instructions on the note-line of the check. The homeowner lost. Accord and satisfaction might not work when payments are mandatory regardless of what the note says.

Sikubali jukumu. Read all posts at your own risk.

PaulJ6
Posts: 990

Posted:

Quote:

Posted By NpS on 11/12/2019 12:55 PM

It worked in my situation, where the payment was mandatory. But I'll concede that accord and satisfaction laws vary from state to state, and an analysis is very fact-specific- so what worked for me in my situation might not work for someone else in a different situation.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

What is the process to fight this craziness ?

Do nothing. They have no legal case and will eventually stop contacting you.

SamE2 (New Jersey)
Posts: 310

Posted:

I would take Jeff's advice. I assume the windows are part of the added enclosure. Why would you expect the HOA to be responsible for something a homeowner added and did not maintain? I would think a smart HOA would never let any homeowner add anything if doing so added to the HOA's responsibility and liability?

CathyA3 (Ohio)
Posts: 6,299

Posted:

Quote:

Posted By SamE2 on 11/13/2019 5:28 AM
.... Why would you expect the HOA to be responsible for something a homeowner added and did not maintain? I would think a smart HOA would never let any homeowner add anything if doing so added to the HOA's responsibility and liability?

Our community's Declaration states that any owner's actions must not increase the association's liability. I would expect that to be the standard if you're in a condo community where the association is responsible for maintaining the exterior.

The hard part is catching the owner before any work begins, since many don't bother to notify the board of their intent. It's usually after the modification is in place that we find out about it.

Our association's attorney said that the board is well within its authority to order any unapproved modification to be removed at the current owner's expense, even if the current owner did not install them. I'd mentioned that it seems a bit unjust to make a new owner pay for such a thing. Our attorney responded that it is the responsibility of any owner to understand the CC&Rs and to be able to spot problems before they close on the home. It doesn't become the association's problem if an owner fails to do this.

Anyway, long story short, if you buy a home with modifications, you become responsible for them. If those modifications end up causing damage to common area (for example, a satellite dish on the roof), then the owner will likely have to pay for repairs to the common elements as well as repairs to the modification.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

JoeB

You bought it. You own it and all that came with it.

PaulJ6
Posts: 990

Posted:

JoeB, when did the damage happen?

The statute of limitations for so many things is often just a few years, so if the damage happened more than a few years ago, the HOA might not be able to come after you (in court, at least).

However, the law, and sense, does not always seem to matter for HOA boards.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

However, the law, and sense, does not always seem to matter for HOA boards.

HOA's are run by volunteers. You get what you pay for. Which is "0"

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