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  #1  
Old 03-18-2009, 06:54 PM
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HOA refuses to pay for damages

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

I own a condo and have chosen to replace the windows. Due to a lot of damage caused by leaks in the existing (original) windows I asked the HOA to assist in the cost of replacing the window sills. I have not asked them to assist in any costs for the new windows or the installation of the windows. I have only asked them to cover for the difference in cost of a retro fit vs a nail fit due to the damage. Their response is:

- Association is not responsible for the window sill damage based on the fact the previous owner was negligent and did not report the window leak.

Based on the fact that the previous owner was negligent?! It seems to me that it should not matter if the previous owner was negligent. Damage done is damage done.

Do I have a leg to stand on?
  #2  
Old 03-18-2009, 06:56 PM
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Quote:
Originally Posted by nodgiles View Post
What is the name of your state (only U.S. law)? CA

I own a condo and have chosen to replace the windows. Due to a lot of damage caused by leaks in the existing (original) windows I asked the HOA to assist in the cost of replacing the window sills. I have not asked them to assist in any costs for the new windows or the installation of the windows. I have only asked them to cover for the difference in cost of a retro fit vs a nail fit due to the damage. Their response is:

- Association is not responsible for the window sill damage based on the fact the previous owner was negligent and did not report the window leak.

- Regarding retrofit or nail fit, the Association does not have a policy on this to our knowledge, so either would probably be ok. But if the unit owner choses nail fit, and need to remove stucco, it would be at owner's expense.

Based on the fact that the previous owner was negligent?! It seems to me that it should not matter if the previous owner was negligent. Damage done is damage done.

Do I have a leg to stand on?
Your recourse would be against the previous owner, if anybody.
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  #3  
Old 03-18-2009, 07:03 PM
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Quote:
Originally Posted by nodgiles View Post
What is the name of your state (only U.S. law)? CA

I own a condo and have chosen to replace the windows. Due to a lot of damage caused by leaks in the existing (original) windows I asked the HOA to assist in the cost of replacing the window sills. I have not asked them to assist in any costs for the new windows or the installation of the windows. I have only asked them to cover for the difference in cost of a retro fit vs a nail fit due to the damage. Their response is:

- Association is not responsible for the window sill damage based on the fact the previous owner was negligent and did not report the window leak.

Based on the fact that the previous owner was negligent?! It seems to me that it should not matter if the previous owner was negligent. Damage done is damage done.

Do I have a leg to stand on?
Contact the previous owner.
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  #4  
Old 03-18-2009, 07:13 PM
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An explanation of why the HOA has deemed the previous owner of negligent would be nice, especially if it is backed up in writing.
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  #5  
Old 03-18-2009, 07:14 PM
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Join Date: Oct 2008
Posts: 4
Unfortunately in this case the previous owner would be the bank. I purchased a foreclosure. I doubt that either the bank or the foreclosed upon owner would be willing to compensate me in any way.
  #6  
Old 03-19-2009, 12:38 PM
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Location: Catatonic State
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Quote:
Originally Posted by nodgiles View Post
Unfortunately in this case the previous owner would be the bank. I purchased a foreclosure. I doubt that either the bank or the foreclosed upon owner would be willing to compensate me in any way.
**A: sue the HOA.
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