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Under the binding documents of the HOA, often referred to as the declaration of covenants, conditions, and restrictions (CC&Rs), specific common areas that the HOA must avoid a failure to repair are outlined. Generally, this covers areas utilized by all homeowners, including:
When an HOA neglects repairs, homeowners must act decisively. Understanding your rights and the steps to address the issue is crucial. Here’s a streamlined 7-step process to tackle such challenges with your HOA.
Step 1: Document the Issue. Before approaching the HOA, ensure you have clear photographic or video evidence of the area requiring repair.
Step 2: Research the HOA’s Responsibilities. Review the HOA’s governing documents or CC&Rs to understand their explicit responsibilities regarding maintenance and failure to repair.
Step 3: Draft a Formal Request. Write a detailed letter or email to the HOA board. Clearly describe the issue, provide evidence, and specify the area needing repair.
Step 4: Allow a Response Window. Give the HOA board a reasonable timeframe, say 14-30 days, to acknowledge and address your request.
Step 5: Follow Up. If there’s no response within the stipulated time, send a follow-up communication reminding them of the issue and your initial request.
Step 6: Seek Mediation. Before resorting to legal action, the law may require you to fist go to mediation. A South Florida HOA attorney can help facilitate a conversation between you and the HOA.
Step 7: Explore Legal Avenues. If the HOA remains unresponsive or declines the repair request, consult with an HOA attorney to understand, and pursue your legal options.
Homeowners facing a HOA failure to repair or maintain have several legal options:
Breach of Contract: If the HOA’s governing documents clearly state their obligation for maintenance and repair of a particular common area, homeowners can sue them on these grounds.
Negligence: If the HOA was aware or should have been conscious of the repair need and failed to act, homeowners can raise a case based on negligence.
Declaratory Judgment: In scenarios where clarity is required on the HOA’s responsibility, homeowners can file a lawsuit for a declaratory judgment to seek the court’s interpretation.
When it comes to confronting an HOA legally, the strength of your case is paramount. Taking a structured approach ensures that you present the most compelling argument possible, maximizing your chances of a favorable outcome.
To lend weight to these arguments, you’ll need substantial evidence:
In essence, building a case against an HOA involves a mix of well-documented evidence, understanding of the legal landscape, and a structured presentation of facts and impacts.
Homeowners have rights, and when an HOA does not uphold its responsibilities, there are avenues for reparation. Knowing these rights and the responsibilities of the HOA is crucial to ensuring the harmony and maintenance of condominium living.
The Ferrer Law Group possesses comprehensive experience in representing homeowners in disputes against their HOAs. We’re here to assist you in holding your HOA accountable for repair failures and other breaches of governing documents.
Facing HOA neglect? Call us today.
Legal Disclaimer: The materials within this website are for informational purposes only. They are not legal advice and should not be used as such. Transmission of the information in this website is not intended to create, and receipt does not constitute, an attorney-client relationship. Internet users and readers should not act upon this information and should seek professional legal counsel.
