ptascoutmom
Junior Member
What is the name of your state (only U.S. law)? California
We may have to file a suit in small claims court against our homeowners association. Our home was flooded because they began roof repairs, but stopped when the city asked for a permit. Because the job was incomplete, we received major damage after heavy rains in 2 upstairs bedrooms and a hallway.
They came in and repaired the drywall and the attic insulation. They ripped out the damaged carpet and padding. They painted. They agreed that the carpet in the 2 bedrooms and the hallway needed to be replaced. They didn't agree to replacing the carpet on the stairway, which continues from the hallway.
The board offered us $600 to replace and install the carpet and padding. We refused as that would only be enough for one bedroom. They amended their offer to $1000. We refused.
We recently had 3 estimates to replace the carpet and padding with a comparable carpet and the lowest estimate was $2900.
We plan to send them a formal letter asking them to amend their offer at the lowest estimate. However, I am not expecting them to agree to this.
The next step is to file a small claims suit. But who do we sue? The association? The property management company? Do we have a good case? We have never filed a lawsuit before so we need help.
Thank you!
We may have to file a suit in small claims court against our homeowners association. Our home was flooded because they began roof repairs, but stopped when the city asked for a permit. Because the job was incomplete, we received major damage after heavy rains in 2 upstairs bedrooms and a hallway.
They came in and repaired the drywall and the attic insulation. They ripped out the damaged carpet and padding. They painted. They agreed that the carpet in the 2 bedrooms and the hallway needed to be replaced. They didn't agree to replacing the carpet on the stairway, which continues from the hallway.
The board offered us $600 to replace and install the carpet and padding. We refused as that would only be enough for one bedroom. They amended their offer to $1000. We refused.
We recently had 3 estimates to replace the carpet and padding with a comparable carpet and the lowest estimate was $2900.
We plan to send them a formal letter asking them to amend their offer at the lowest estimate. However, I am not expecting them to agree to this.
The next step is to file a small claims suit. But who do we sue? The association? The property management company? Do we have a good case? We have never filed a lawsuit before so we need help.
Thank you!
