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Taking my HOA to court**************

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Hello,
i'm in Virginia.....
recently, i had a dispute with my condo association....my roof had leaked and rain water had leaked inside, damaging my floor.
the condo association fixed the roof, but refuses to fix the damage to the hardwood floors saying that anything inside the unit is the responsibility of the owner. they're also saying that there is NO damage...even though the hardwood floor is cracked and split due to the moinsture.

i want to know whom i should take to court. the property management company or the board of directors (i have the president's info). the board of directors are the ones who made the decision NOT to grant me any money.

thoughts?
 


FlyingRon

Senior Member
Unless there was negligence by the association, what responsibility do they have to you? They are right, file with your insurance company.

You sue the HOA, they will defend themselves with your own money...catch-22.
 

HomeGuru

Senior Member
Hello,
i'm in Virginia.....
recently, i had a dispute with my condo association....my roof had leaked and rain water had leaked inside, damaging my floor.
the condo association fixed the roof, but refuses to fix the damage to the hardwood floors saying that anything inside the unit is the responsibility of the owner. they're also saying that there is NO damage...even though the hardwood floor is cracked and split due to the moinsture.

i want to know whom i should take to court. the property management company or the board of directors (i have the president's info). the board of directors are the ones who made the decision NOT to grant me any money.

thoughts?


**A: file a claim with your insurance company who will subrogate against the HOA insurance co.
 

Zigner

Senior Member, Non-Attorney
Hello,
i'm in Virginia.....
recently, i had a dispute with my condo association....my roof had leaked and rain water had leaked inside, damaging my floor.
the condo association fixed the roof, but refuses to fix the damage to the hardwood floors saying that anything inside the unit is the responsibility of the owner. they're also saying that there is NO damage...even though the hardwood floor is cracked and split due to the moinsture.

i want to know whom i should take to court. the property management company or the board of directors (i have the president's info). the board of directors are the ones who made the decision NOT to grant me any money.

thoughts?
How long did you allow water to remain on the floor? A properly maintained hardwood floor won't crack and split after a small amount of water gets on it. You should have been able to prevent the damage in the first place.
 
How long did you allow water to remain on the floor? A properly maintained hardwood floor won't crack and split after a small amount of water gets on it. You should have been able to prevent the damage in the first place.
how can you say that without me answering your first question? :confused:

there was a rainstorm at night....water (not a little bit) dripped on the floor. i go to work at 6 everyday...so i realized there was a leak and put a bucket and from that moment on, there was no more water going on the floor. as you can imagine, water CAN damage hardwood floors if there's a puddle for several hours (which was indeed the case); plus, the water goes underneath the wood and even after you dry the surface, there's still water underneath doing damage.
the reason i think they're responsible, is because the damage INSIDE the unit was caused by a faulty roof. (they are responsible for the roof and the leak from it).
interestingly, the same roof had a leak 2 years ago...exact same spot; there was water that leaked in damaging my ceiling. they promptly fixed the drywall. needless to say, it was a different management company at the time.

thoughts?
 

Zigner

Senior Member, Non-Attorney
how can you say that without me answering your first question? :confused:

there was a rainstorm at night....water (not a little bit) dripped on the floor. i go to work at 6 everyday...so i realized there was a leak and put a bucket and from that moment on, there was no more water going on the floor. as you can imagine, water CAN damage hardwood floors if there's a puddle for several hours (which was indeed the case); plus, the water goes underneath the wood and even after you dry the surface, there's still water underneath doing damage.
the reason i think they're responsible, is because the damage INSIDE the unit was caused by a faulty roof. (they are responsible for the roof and the leak from it).
interestingly, the same roof had a leak 2 years ago...exact same spot; there was water that leaked in damaging my ceiling. they promptly fixed the drywall. needless to say, it was a different management company at the time.

thoughts?
A properly maintained wood floor (ie: sealed & waxed) shouldn't have the problems you described.
 
A properly maintained wood floor (ie: sealed & waxed) shouldn't have the problems you described.
that's simply wrong.
you put water on wood for a few hours (a puddle) and you WILL have damage. I'm not here to argue this fact. Plus, what about a "properly maintained roof" that doesn't leak???

plus, the condo association is saying that the floor is NOT damaged. that's their reason for NOT paying me. so....assuming that i take picutres and can convince a judge that there IS damage, what then?
 
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