 HOA responsibility (by Baron [NC]) Oct 21, 2015 7:37 PM
 HOA responsibility (by cjl [NY]) Oct 21, 2015 8:22 PM
HOA responsibility (by BRAD 20,000 [IN]) Oct 21, 2015 8:36 PM
HOA responsibility (by BRAD 20,000 [IN]) Oct 21, 2015 8:37 PM
HOA responsibility (by Vee [OH]) Oct 22, 2015 6:14 AM
HOA responsibility (by Pattyk [MO]) Oct 22, 2015 6:46 AM
HOA responsibility (by myles [MI]) Oct 22, 2015 12:29 PM
HOA responsibility (by John [IN]) Oct 22, 2015 3:04 PM
HOA responsibility (by Baron [NC]) Nov 2, 2015 7:59 PM
HOA responsibility (by Baron [NC]) Posted on: Oct 21, 2015 7:37 PM
Message:
State Specific Question About: NORTH CAROLINA (NC)
Hi, my rental property in Raleigh NC is a townhouse with an HOA and a management company. The unit's living room showed mold growth in one corner (the hardwood floor is also damaged by water). After contractors I hired suggest the water may be leaked through the foundation, I reported this to the management company. They said HOA is only responsible for the downspout and gutter, not the foundation (even though in my HOA's governing docs it says "Exterior/Foundation Repair" is HOA's responsibility). The management company has not been persistent in their communications, so I was wondering if they have withheld info from me.
Does anyone have any similar experiences with HOA and/or any suggestions on how to figure out who's responsibility it is?
Thanks!
P.S.
For the safety and quality of life for my tenant, I didn't waste time arguing with them and proceeded to get a drainage system installed and the foundation waterproofed. The leak has been stopped, now there's still damages inside to repair.
--68.197.xx.xxx |
HOA responsibility (by cjl [NY]) Posted on: Oct 21, 2015 8:22 PM
Message:
I'm not in NC but I would question where the water was coming from (damage to the foundation). So for example - they are responsible for the gutters/downspout but if they didn't keep up on those and it caused damage to the foundation and your floors - I would be wondering if that was the cause.
Do you know how the foundation was damaged? Is it due to poor drainage or possibly the fact that the downspout is not property placed?
Keep in mind that I would think it would be YEARS of that (so total neglect) but at the same time - no one noticed (like did you notice it and advise them to correct it and they didn't or no one said anything).
Just my two cents.
Good luck. --67.246.xx.xx |
HOA responsibility (by BRAD 20,000 [IN]) Posted on: Oct 21, 2015 8:36 PM
Message:
Baron,
Thanks for reminding me why I skip any property with an HOA!
I agree that water would be entering from the exterior so that means an exterior problem, responsibility of the HOA.
BRAD --68.50.xx.xxx |
HOA responsibility (by BRAD 20,000 [IN]) Posted on: Oct 21, 2015 8:37 PM
Message:
PS Did you locate an actual defect? --68.50.xx.xxx |
HOA responsibility (by Vee [OH]) Posted on: Oct 22, 2015 6:14 AM
Message:
Read the book backwards and forwards, it is amazing the cash grab tactics these agencies use monthly, it sounds like there is a difference in water coming from the roof and that which gets on the ground - good thing you fixed it, send them the bill. --76.188.xxx.xxx |
HOA responsibility (by Pattyk [MO]) Posted on: Oct 22, 2015 6:46 AM
Message:
so Management company should come out and inspection, they would be responsible for their items and you the interior of your unit, if you have insurance that my cover your hardwood floor and wall damage. But they should at least investigate the problem area and always, always be your partner in finding a solution --174.159.xx.xxx |
HOA responsibility (by myles [MI]) Posted on: Oct 22, 2015 12:29 PM
Message:
I stay away from properties with HOA's cause they are to much hassle. Ive never heard of an HOA covering foundation repairs. Most HOA's cover security,lawn care, snow removal, etc. How much is your HOA fee per month? If they cover repairs like foundation, roofing, etc. it has to be pretty high? --68.2.xx.xxx |
HOA responsibility (by John [IN]) Posted on: Oct 22, 2015 3:04 PM
Message:
Baron, it is pretty standard in the HOA by-laws to have stipulated that the foundation and framing is the HOA responsibility. They are just trying to push you around. Just have your lawyer send a letter to the HOA board of directors and they will have the management company to fix the damage. Also look for an HOA law in your state. We do have one in Indiana which is updated every year and is also working for the homeowners if they have disputes with the HOA board of directors. The rest of the LL who does not know how HOA's are working just do not give advice, it may be wrong. Good luck Baron. --67.236.xxx.xx |
HOA responsibility (by Baron [NC]) Posted on: Nov 2, 2015 7:59 PM
Message:
Thanks for many good suggestions! I'll do some researches on those. btw, anyone knows where to find good lawyers for this kind of dispute?
Sorry it's very hectic last few days. I'd like to give some updates and more info.
The company I hired to waterproof the foundation confirmed that the water leaked thru a gap in the foundation (it seemed that a section of brick was missing when the house was built). Unfortunately the warranty on the house (by Toll brothers) has just expired earlier this year. This does seem like a defect, I'm not sure who (the builder or the HOA) should I pursuit it against.
The HOA's governing doc says "Exterior/Foundation Repair" is HOA's responsibility but doesn't have any further details. Not sure where to get help in reviewing the docs -- I want to be very sure about the case before bringing it up to the HOA/management company again. I have more than one unit managed by the same management company, got to "tread the water" carefully.
Thanks! --68.197.xx.xxx |
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