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Dispute with HOA over damage from appliance

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YID

Junior Member
Washington

We purchased a condo in Seattle in August of 2005. Before we were even able to move in, the water heater malfunctioned, causing a leak and lightly damaged a common wall with another unit. The HOA president came to us and told us we were responsible for the repair as stated in the association bylaws, so we paid a hefty amount for the repair in full out of pocket (we hadn't started an insurance policy, totally our fault)

In January 2006 a dishwasher in a unit above caused a leak to the hallway and several units, including ours. The matter was not resolved and it kept leaking for months, because they "couldn't find the source". At the next board meeting, we started asking a lot of questions, and all of a sudden the Board Presedeint admitted that she found the source, but they won't pay anything for the repair because she had to consult an attroney and it turned put homeowners are in fact not responsible for damages caused by appliances without their knowledge.

We then asked for reimbursement of the money paid by us, but she denied our claim, stating that she "acted in good faith and thought we were responsible" and that "reimbursing us would cause others to seek damages as well" as well as " we would cause a strain on the budget". She also said the Board will now "rewrite the house rules to make owners responsible" She told us her decision is "not negotiable" and the "conversation was over"

We are not satisfied with this answer. We have no problem covering the damage as long as the same rules apply to everyone. In addition, we have a special assessment coming up, which will now be higher for us because the HOA will cover the damages from the dishwasher accident, using our money as well. That means we are paying twice - for damages by our appliance, and for damages by others. We are considering a lawsuit because we have written several letters objecting to the decision and we receive no reply whatsoever. We want to follow the rules fully but we are not sure what else to do.

Does anyone have any experience with similar matter in WA state and can offer some advice? Thank you for your time.What is the name of your state?
 


seniorjudge

Senior Member
YID said:
Washington

We purchased a condo in Seattle in August of 2005. Before we were even able to move in, the water heater malfunctioned, causing a leak and lightly damaged a common wall with another unit. The HOA president came to us and told us we were responsible for the repair as stated in the association bylaws, so we paid a hefty amount for the repair in full out of pocket (we hadn't started an insurance policy, totally our fault)

In January 2006 a dishwasher in a unit above caused a leak to the hallway and several units, including ours. The matter was not resolved and it kept leaking for months, because they "couldn't find the source". At the next board meeting, we started asking a lot of questions, and all of a sudden the Board Presedeint admitted that she found the source, but they won't pay anything for the repair because she had to consult an attroney and it turned put homeowners are in fact not responsible for damages caused by appliances without their knowledge.

We then asked for reimbursement of the money paid by us, but she denied our claim, stating that she "acted in good faith and thought we were responsible" and that "reimbursing us would cause others to seek damages as well" as well as " we would cause a strain on the budget". She also said the Board will now "rewrite the house rules to make owners responsible" She told us her decision is "not negotiable" and the "conversation was over"

We are not satisfied with this answer. We have no problem covering the damage as long as the same rules apply to everyone. In addition, we have a special assessment coming up, which will now be higher for us because the HOA will cover the damages from the dishwasher accident, using our money as well. That means we are paying twice - for damages by our appliance, and for damages by others. We are considering a lawsuit because we have written several letters objecting to the decision and we receive no reply whatsoever. We want to follow the rules fully but we are not sure what else to do.

Does anyone have any experience with similar matter in WA state and can offer some advice? Thank you for your time.What is the name of your state?


Sounds like you have been scammed...twice. Get a lawyer and sue the bad people.
 

YID

Junior Member
Thank you for your replies; I believe we will end up in a lawsuit, and I am positive we are right in this.

I am however worried that if I don't carefully consider all arguments, we may end up losing and be stuck with their legal bills. next thing you kno they will be foreclosing on our house...

We are cosnidering small clams court for that reason. Would we be liable for their attorney fees if we lose, since there are no lawyers allowed in small claims proceedings?

Thanks
 

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