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HOA and property management not responding to call for repairs

Posted on Tue, Nov 22, 2011 @ 06:42 AM
  
  
  
  

Our roof is leaking on one of the bedrooms in our condo. Board members have been notified along with the property maintenance company on numerous occasions. They have failed to act or return phone calls. We have owned our unit for 10.5 years and have never been late once with our maintenance fee. Can we legally place our maintenance fee in escrow with an attorney until these repairs are made.

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COMMENTS

First check what yiour bylaws say about maintenance responsibility. If it is clear tjhat this roof repair uis properly the responsibility of the HOA send the Board aregistered return receipt letter advising them anout the problem. Cite the vclause about maintenance resoponsibility from the nylaws. Also gin your letter advise that if answer is not received within 15 days you shall seek relief through such other avenues as may be appropriate ( meeanung suing)Should you not get repair made a lawyer woukd be your next step.

posted @ Tuesday, November 22, 2011 7:01 AM by Charles Adler


Charles, I know someone who had a similar problem in a condo. Oddly enough it was reported as a building violation, and the city issued citations, and a court date. The board was forced to make repairs to avoid heavy fines. Yes be sure to check your dec/bylaws and city codes.

posted @ Tuesday, November 22, 2011 7:20 AM by serola


Yes, check your documents about the repairs but I suspect that a roof repair is more than likely the responsibility of the Association as it is a common element of the building. Then follow up asap with a certified return receipt demand letter to the Board officers and the Management company. You may wish to remind that failure to act by the Board amy open them up for personal liability if they chose to ignore your requests. I'd also offer the have the repairs made yourself by a licensed and insured contractor and submit the bill to the Board for reimbursement. This will show your good faith and put them on the hook to take action. Last thing as a last resort, involve a lawyer; be sure to ask the lawyer to have the actions they take be fully reimbursable to you by the Association. I would never withhold payment of fees to the Association, this would place you in conflict with them. You have to act as the Bigger man, but with teeth!

posted @ Tuesday, November 22, 2011 7:26 AM by cebo


If a unit is tested and found to have high levels of radon, wouldn't this also be the associations responsibility? Just like a roof or foundation leak, this exists outside the walls and thus should be fixed by the Association. Any thoughts on this?

posted @ Tuesday, November 22, 2011 7:35 AM by Jim Court


My Board has done the same thing with no relief. Getting an attorney involved did nothing but cost me money. In Texas, payment of dues and the otherside of the coin of receit of the services you pay for are two differnt legal items. Even if they don't fulfil their side of the contract, you must fulfil yours of paying dues. To withhold allows for foreclosure.  
 
 
 
I finally sent a second certified letter stating that due to the lack of response, I will fix the leak in any way I see fit as the interior of my unit was becoming mold infested and I am very allergic. Still no response and I did make the repair very noticable if the management company was doing their job of inspecting the property. Tar was dripping down the chimney, which was probably a good thing as it plugged the cracks in the morter from the cracked slab. 
 
 
 
Later I found out the management company did not know who called for maintenance, if the order had ever been given to the Board member in charge of directing the maintenance, if the Board member ever directed his brother-in-law, the maintenance man, to do the work or if the brother-in-law did the job.  
 
 
 
Total lack of communication. I am now on page 5 of a communication to go out this week to all the members of restating all of this to attempt to get a quorum in January. I have never had these problems with condo ownership until I had to deal with a managment company and Board members who are very stupid about money issues.  
 
 
 
Be sure and take pictures of your interior because they are responsible for any interior damages caused by the leaking roof.

posted @ Tuesday, November 22, 2011 7:59 AM by nancy


I'm a property manager in Cleveland Ohio. I'm a independent manager which means you would only deal with me and not several other people. If you are intrested in changing your management please send me an email and I would be happy to talk with you.

posted @ Tuesday, November 22, 2011 8:00 AM by Linda


I'm a property manager in Cleveland Ohio. I have managed the same condominium for 7 years. I give personal service and you would only have to deal with me and a management co. My email address is lciarlillo @gmail. I would be intrested in anyone who might be looking for a change. Thank You

posted @ Tuesday, November 22, 2011 3:09 PM by Linda


In answer to your question, "NO" you cannot withhold payment of your assessments, even if you put the money into an escrow account. You will be delinquent and subject to late fees and the possibility of liens and foreclosure. Never, ever withhold payment of assessments because of a dispute with your HOA -- you will come out as the loser. 
 
I would suggest you follow Charles Adler's advice with regard to the water damage to your unit. 
 

posted @ Tuesday, November 22, 2011 4:30 PM by mary


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