HOA question, Foundation damage - Who is responsible for what? - Nashville, TN

[rdt5875]

Nashville, TN

I currently live in a Condominium complex that is governed by a HOA. We found out last year that our unit had foundation damage to it which was causing multiple problems within our home (e.g. walls cracking, counters and cabinets separating from the walls, water leaks inside our home, tile separating)...the HOA decided that the foundation was damaged and the only way to stop the interior damage was to fix the foundation - which they did do, well sort of. The management company thought that fixing the issue was to have the maintenance men go underneath our unit and jack it up with car jacks...which caused more damage - cracks, doors not shutting, etc. When they realized that they did more damage than fix the problem, they paid a licensed contractor to fix the job correctly.

They are now refusing to fix the damage to the inside of the unit and have advised us to contact an attorney if we think we have a case against them. As well, we were told last month that the outside paneling is rotten, and that is causing water to leak inside our dining room - which we had to pull up the carpet because it was molding because we could not keep up with shampooing the carpet every time that it rained. The lawn company that was hired to maintain the common area a couple of years ago was cutting our grass and threw a rock into our front window and cracked it...they have told us for over six months now that they would fix it or pay us to get it fixed...and we have yet to get that done as well.

I guess my main question is do we have a case against them...or because the by-laws stipulate "walls out is HOA and walls in is the responsibility of the owner" we are out of luck with the interior damage(s) and other property damage?

Thank you.What is the name of your state (only U.S. law)?

[HomeGuru]

Originally Posted by rdt5875

Nashville, TN

I currently live in a Condominium complex that is governed by a HOA. We found out last year that our unit had foundation damage to it which was causing multiple problems within our home (e.g. walls cracking, counters and cabinets separating from the walls, water leaks inside our home, tile separating)...the HOA decided that the foundation was damaged and the only way to stop the interior damage was to fix the foundation - which they did do, well sort of. The management company thought that fixing the issue was to have the maintenance men go underneath our unit and jack it up with car jacks...which caused more damage - cracks, doors not shutting, etc. When they realized that they did more damage than fix the problem, they paid a licensed contractor to fix the job correctly.

They are now refusing to fix the damage to the inside of the unit and have advised us to contact an attorney if we think we have a case against them. As well, we were told last month that the outside paneling is rotten, and that is causing water to leak inside our dining room - which we had to pull up the carpet because it was molding because we could not keep up with shampooing the carpet every time that it rained. The lawn company that was hired to maintain the common area a couple of years ago was cutting our grass and threw a rock into our front window and cracked it...they have told us for over six months now that they would fix it or pay us to get it fixed...and we have yet to get that done as well.

I guess my main question is do we have a case against them...or because the by-laws stipulate "walls out is HOA and walls in is the responsibility of the owner" we are out of luck with the interior damage(s) and other property damage?

Thank you.What is the name of your state (only U.S. law)?

**A: you need your own attorney.