HOA replacement is leaving me all wet

[zmantrav]

I live in a condo that I purchased in 2010. We had a problem with a small window in one of our closets in 2011 and the HOA replaced it with their "handyman". Starting in 2012 we noticed mold in that closet. After cleaning the mold ourselves a few times we decided call the HOA. They sent someone out who says the roof was leaking and that person said he fixed it. We told the HOA that we thought it was the window as the mold was along the floor and not the ceiling (we have another condo above us who didn’t have any problems). Tired of dealing with them we had a mitigation company come out and clean it (The HOA approved this). The mitigation company said the source of the problem was the window (the one the HOA replaced). We had two other contractors come out and they said the same thing that the window was installed incorrectly. We called the HOA and they acknowledged they had replaced the window, but said they were not supposed to replace windows as it is against their policy to do so. As a result they said that we are on our own to replace the window. Our insurance will not cover the window replacement since it was installed "incorrectly". My question is: Can I pay to have the window replace and then sue my HOA for the cost? Are there any options I might have?
The total cost was:$6228
Break Down
$3300 for mold remediation (all covered by my home owners insurance).
$2203 for the closet and room “rebuild” ($1703 from my home owners insurance there was a $500 deductible)
$725 for window replacement and stucco work(this was damaged when the HOA installed the window the first time)(I didn’t receive any money from HOA or Insurance)

 

[LdiJ]

I live in a condo that I purchased in 2010. We had a problem with a small window in one of our closets in 2011 and the HOA replaced it with their "handyman". Starting in 2012 we noticed mold in that closet. After cleaning the mold ourselves a few times we decided call the HOA. They sent someone out who says the roof was leaking and that person said he fixed it. We told the HOA that we thought it was the window as the mold was along the floor and not the ceiling (we have another condo above us who didn’t have any problems). Tired of dealing with them we had a mitigation company come out and clean it (The HOA approved this). The mitigation company said the source of the problem was the window (the one the HOA replaced). We had two other contractors come out and they said the same thing that the window was installed incorrectly. We called the HOA and they acknowledged they had replaced the window, but said they were not supposed to replace windows as it is against their policy to do so. As a result they said that we are on our own to replace the window. Our insurance will not cover the window replacement since it was installed "incorrectly". My question is: Can I pay to have the window replace and then sue my HOA for the cost? Are there any options I might have?
The total cost was:$6228
Break Down
$3300 for mold remediation (all covered by my home owners insurance).
$2203 for the closet and room “rebuild” ($1703 from my home owners insurance there was a $500 deductible)
$725 for window replacement and stucco work(this was damaged when the HOA installed the window the first time)(I didn’t receive any money from HOA or Insurance)

Your damages are your 500.00 deductible and the 725.00 for the window replacement. Personally, I think that you were way overcharged, but I don't know the prevailing prices in your area. Your insurance company would go after the HOA for the money they disbursed to you if the insurance company thought that the HOA had any responsibility in the matter.

 

[festival]

What does it say about windows in your governing documents (declaration)? If the window is included in the definition of your unit (or if the window is a limited common element that has been assigned to you), then you must maintain the window. If the window and the stucco are common elements, then the association must maintain them as a common expense (not your expense).

 

[HomeGuru]

OP, did you review your HOA docs to see if in fact the windows were your responsibility or the HOA's to replace?