What would you do? (townhouse dilemma)

[cypher1]

My friend's girl friend is in a very rough predicament with her townhouse. Currently she has severe ice dam buildup on her roof, leaks coming from various areas of the ceilings/walls, corners, and above main windows, with the carpet soaked. This has been an ongoing issue or fight with her HOA taking their sweet time removing snow off the roofs of their complexes, or procrastinating with fixing the root problems. I have not seen the damage, but my friend basically thinks the place is slowly falling apart, with so much water damage, and basically unsellable.

The townhouse is only 5 years old, she bought just before the bubble burst, so its is under in value at the moment. This isn't a question of walking away (although neighbors are planning on doing since they're having same issue) but more of what should she do for escalating/threatening the HOA. Our real advice has basically been to pack up all belongings, put in offsite storage, hire a lawyer to deal with her problem since they're not really helping her to resolve the root problem.

My friend and I were truly stumped, if either of us were in that situation we wouldnt know what to do besides call everyone on that committee every hour complaining of my place being soaked while getting the runaround. Just hoping to get an idea for other suggestions of immediate action.

[kork13]

Check into your state's department of health, or something similar. There are laws in most states requiring that homes be safe/livable. If the HOA is preventing that, action could be brought on the city or state level. I would definitely start looking into a lawyer. Oftentimes, a notification of intent to sue printed on a lawyer's letterhead can "scare" the offending party into fixing themselves, costing no more than a consulting fee ($200-$300, tops). Even better, get a group of residents together and do that. If nothing happens, you can follow through, file suit, and seek compensation for damages from the HOA (plus attorney's fees).

Alternately, she can contact her insurance company. They may not be willing to help, but it's a possibility that they could also put pressure on the HOA and take many of the same actions.

[cschin4]

Gee, that is tough one. And, one of the reasons why I wouldn't like an HOA or owning something in common. I either want to own it completely or not. I also think this serves as a good point for anyone considering buying one.
But, she needs to get a copy of any laws, bylaws, etc that spell out the responsibilities of maintenance and consult a lawyer.

[disneysteve]

I would definitely hire an attorney along with everyone else in the complex experiencing the same problem.

Of course, the problem with an HOA is that ultimately, it is the owners themselves who have to pay for the repairs usually through a special assessment.

I'm with cschin4 - no HOA for me. We purposely bought in a development that didn't have one. We looked in several that did but it just wasn't worth it.

[cypher1]

Appreciate all the feedback. I haven't seen the place myself, but the way my friend describes the place/situation, it sounds BAD. He's no carpenter, but he believe's no one would want, if they knew or saw all the water damage. Makes me more paranoid or grateful for my house not having issues...yet.

[littleroc02us]

looks like a lawsuit waiting to happen. Get a lawyer.

[raycarboni]

Do she sign a contract of any kind detailing certain situations?

[cypher1]

Do she sign a contract of any kind detailing certain situations?

That information, I do not know. I'll have to follow up with my friend. Good question though.

[MonkeyMama]

Alternately, she can contact her insurance company. They may not be willing to help, but it's a possibility that they could also put pressure on the HOA and take many of the same actions.

This was really good advice.

The homeowner would just insure the inside, and her insurance company has a vested interest in this problem.

This advice got me thinking to the HOA's insurer (insures outside of building). I don't know if they would be worth contacting, too. Something to consider??? Maybe they would like to know about this before the problems worsen?

Anyway, sounds like a bad situation all around. My guess would be that a huge part of the problem is solvency, and nothing (lawyers, etc.) will solve that.

To clarify, a lot of these newer developments have no reserves, and collections are slim with foreclosures and homeowners who aren't paying their dues. So, my first thought is they maybe can't afford the maintenance. I am not sure legal action can do much if there is no money.

[MrPolarZero]

I suggest that your friend brings this one up the the housing authorities immediately. The HOA is already liable for negligence of duty, since they are the ones responsible for the maintenance of the place.

[Seeker]

First off, it's #1 best, to follow up any verbal complaint with a written statement of the facts. Signed, dated, and detailed. Pictures help.

Send that info to your management company. Generally I fax them what I write.

HOA is usually apart from the magagement company. The management company is whom you should be dealing with not the HOA. The management company is whom you pay your fees too, and HOA BOD should have nothing to do with issues that arise in each particular home.

Give them a reasonable date by which you wish to hear from them... and stand by that date.

If you get no response to that, then you need to prepare to get a lawyer involved.

But you need to take the complaint in writing to the management company... not the HOA. Some management companies will not do anything until they have something in writing. And verbal words are not proof. The only proof is writing. So write.

Believe me, when they see a written complaint, then they will take action. Otherwise that very same writing serves to be very incriminating.

[Seeker]

Oh, also water damage can be repaired. Wallboard, carpets and padding can be replaced.

I know the frustration. This was caused by external forces of nature getting into the home because the maintenance on roof has been lacking; but there's also the fact that this complex is only 5 years old. Seems too new to be having this issue, but I don't know the devestating force of ice. I do know water damage having dealt with several water leaks originating from under the cement slab.

I've also served on a board of an HOA. You do not wish to be calling them at all hours of the day. Every single person in that association wants the property value to grow. The BOD of the HOA is under the exact same stress that the homeowner is in righting the many wrongs that happen with new buildings as well as old.

The HOA BOD hires the management company to manage these properties. The members of the HOA BOD and ultimately every resident within that complex can bring up petitions and suggestions to the HOA BOD to replace that management company if they do not do their jobs.

But it is the management company's job to repair, replace and maintain the properties. Document the problem and start there.

[Joan.of.the.Arch]

I too was wondering about the newness of the townhouse. Perhaps at this point the builder/developer still has some responsibility.