Roof damaged for 8 weeks. No end in sight. Should we sue the HOA?

Question

Hello,We are currently living in our condo now while renovating it. We plan to live here for another year and start renting it. We recently had a storm rip a large portion of the roof off and the subsequent rain flooded the living room, guest bath, and guest bedroom. Our insurance covers the interior, and the HOA's insurance covers the exterior and roof. We have had the interior of those areas completely gutted (floors, walls, ceilings) and are waiting to start repairs. We cannot start anything until the roof goes on. We have temporary decking on the roof and a tarp. And we have one window that blew out in the storm and is now boarded up.It has now been 8 weeks, and we have no information on when construction will start on the roof. The insurance company says they are waiting on the HOA, the HOA says they are "working on it". It seems they have no motivation to get this done quickly, and they don't care that half of our home is destroyed and we are living in poor conditions.More than anything we just want the repairs made, but if the weeks keep adding up, we also would like compensation for the HOA's/insurance company's inability to facilitate the repairs. Do we have any grounds to sue the HOA or their insurance company? And if so, should we? We have talked about getting an attorney, but we aren't sure if that would help or hurt this situation. Thank you in advance for the feedback, and have a great day!

Jenifer Levini · Answer

Hi @Travis Stafforddisclaimer - I'm biased because I am an attorney. Here's what I think you should do. First, keep track of how much the delay is costing you. If you were planning on renting and that rental income is delayed for 2-3 months, youve lost that money, those are your damages. Second, in California, an HOA has to pay the attorney fees for the HOA member, if the member is forced to make the HOA follow the CC&Rs. So if the CC&Rs say the HOA is supposed to make external repairs, and they are not doing it, and you hire an attorney to make them do it, they will have to pay your attorney fees.Also, in California, HOAs have to mediate with members. So dont worry too much about the cost of a lawsuit. Its unlikely to ever happen. A mean letter should be enough to shake them into action. if that fails mediation will follow. The lawsuit, which would be very expensive is only a distant, and unlikely possibility, if all else fails. I'm pointing out that these regulations that we have in California may be similar to Texas. Then again they might be completely different. Its worth talking to a lawyer to get her advice.

Mark Gallagher · Answer

@Travis StaffordKeep in mind that litigation against the condo association can have drastic consequences when it comes to financing in the community. If the association loses FHA and/or conventional financing due to your lawsuit, you'll crush values. A lose-lose for you. I would simply keep the heat on the association to get the work done. Perhaps threaten to get the work done yourself and backcharge them. (But they might like that if they're lazy..)

Max T. · Answer

Have your lawyer send a demand letter. Won't cost you much and may scare them into action.

Nicole A. · Answer

Thank you for the update! Perhaps a stern letter from an attorney will get them in gear since clearly your messages are not motivating them. 11 weeks is absolutely ridiculous, and if a stern attorney's letter still doesn't get them quickly in gear, I wouldn't hesitate to take this further. You're not paying condo fees for the fun of it.

Dave Toelkes · Answer

@Travis StaffordCaution about doing your own work and charging back. If the association did not authorize the work, you may be stuck with the cost of any repairs you initiated on your own. Additionally, the condo association's master insurance policy may also deny any claim you submit as unauthorized/unapproved work and refuse your claim, then turn around and redo all the same work with their own approved contractor.Be aware of the risk if you take the initiative to do repairs yourself.

Dave Toelkes · Answer

I have a similar situation. On November 13, 2016, a drunk driver was speeding through the parking lot and jumped the curb. His vehicle crashed into my ground floor condo leaving a big gaping hole in the building which gave the bedroom a new panoramic view of the outdoors. My tenant was displaced for a few days until we could get the hole boarded up, but she decided not to stay while repairs were underway. My tenant was allowed to break the lease without liability and vacated the property at the end of November. On March 8, 2017 my property is now restored and is back in service.The HOA's master insurance policy dealt with the repair to the building structure. I have filed a claim with my own insurance company for lost rent. The repair period was 3.5 months. I have no idea why it took so long, but since I was not seriously financially damaged in the end, I did not push the issue.

Casandra M. · Answer

Have you reviewed your HOA contract to see if it specifies a responsibility for fixing immediate or urgent issues in a specific range of time? Or local rental laws? That would give you a good basis of information to include in your letter of demand.

Krista Riggs · Answer

I just went through a similar issue, although a much smaller leak after a hurricane in October. If I didn't constantly contact them, the HOA did nothing that day or week. It took them over 4 months to get it fixed, on my own house it would be fine right away. I'd say call/email them every single day!

Anshul Deb · Answer

Hi Travis, I just read through your thread. I am in Houston and week 2 of a similar situation. The roof above my condo let in so much water during Harvey, it dampened the ceiling and the ceiling in the bedroom and living room fell on the floor. The roof should have been replaced earlier and was clearly neglected. The roofer that looked it said it in those many words that the roof needs to be completely replaced. The HOA is not demonstrating any sense of urgency in fixing the roof, and the interiors. Would you mind sharing a few things -- Things you wish you knew earlier- Any and all advice you can give- Other thoughts?Thanks in advance.

Travis Stafford · Answer

Hello! Just another update on this strange situation. We are in week 22 with no roof. Our attorney has been handling all communication with the HOA and management. They are giving him the same run-around with strange excuses. He advised us to wait until the roof was on until we file our lawsuit. At this point we are just documenting and gathering information for our eventual lawsuit. At week 21 we had hope it would be repaired. Work started and the rafters and decking were repaired. However, the contractors are now waiting to have a city inspector look at that work before the shingles go on. We have no information on how long it might take for the inspector to come out. So for now, week 22 and counting.