Can I sue my neighbors for negligence over assessment?

Started by CindyH6 • 3 replies • 565 views

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CindyH6 (Florida)
Posts: 71

Posted:

My townhouse community has failed roofs from hurricane and covered in tarps, the HOA didn’t have insurance or sufficient reserves, which means the owners voted against the assessment.

So ,this basically ruins our investment in our homes , can’t sell rent or obtain insurance.

I already have bought a new home ,job in a better town and will have to ditch my townhouse even though it is paid off.

Is there anything I can do? Or can I sue to people that are blocking the roof replacement for destroying my property value??

Thank you

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By CindyH6 on 02/20/2021 8:04 PM

Or can I sue to people that are blocking the roof replacement for destroying my property value??

You can sue anyone for anything.
Winning is another story.

This is similar to another thread:
https://www.hoatalk.com/Forum/tabid/55/forumid/1/postid/299879/view/topic/Default.aspx

Same issue, different take.

SheilaJ1 (South Carolina)
Posts: 291

Posted:

No you can’t sue for that but look at the governing documents and see if the HOA was required to have reserves or roofing.

Is this a condo? I know you said townhome but never lived in townhome where the HOA was obligated to share roofing, please clarify.

CindyH6 (Florida)
Posts: 71

Posted:

It’s a townhouse community HOA.

It’s 6 units / building and it’s like one big roof over all the units.

They should have designed it with seams and we could handle our own as a last resort. The county won’t issue a roof permit individually.

The governing documents only have a whopping $10,000 in reserves after 15 years of collecting $25,000/year from the owners. The fees were spent on a property management company to pay the crummy unnecessary lawn service.

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