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

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

Travis Stafford
Dallas, TX · Member since 2016 · 19 posts · 5 votes

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!

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Max T.
Investor · Philadelphia, PA · Member since 2015 · 3k+ posts · 3k+ votes
9y

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

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  • Max T.
    Investor · Philadelphia, PA · Member since 2015 · 3k+ posts · 3k+ votes
    9y

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

    2Reply
  • Account Closed
    Investor · Charlotte, NC · Member since 2016 · 374 posts · 189 votes
    9y

    ^^^^

    0Reply
  • Travis Stafford
    OP
    Dallas, TX · Member since 2016 · 19 posts · 5 votes
    9y
    If they aren't scared by a lawyers letter, should we continue through into an actual lawsuit?
    0Reply
  • Krista Riggs
    Real Estate Investor · Orlando, FL · Member since 2014 · 8 posts · 3 votes
    9y
    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!
    1Reply
  • Casandra M.
    Rental Property Investor · Janesville, WI · Member since 2016 · 87 posts · 42 votes
    9y

    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.

    1Reply
  • Mindy JensenPro Member
    BiggerPockets Money Podcast Host · Longmont, CO · Member since 2014 · 7k+ posts · 10k+ votes
    9y

    Perhaps you can contact your city building inspector to see what the laws state. Feel free to provide them with names and contact information for the HOA.

    8 weeks is ridiculous. 

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    BiggerPockets
    0Reply
  • Travis Stafford
    OP
    Dallas, TX · Member since 2016 · 19 posts · 5 votes
    9y
    Update. On Thursday of week 8 we had our insurance agent contact the HOA's insurance agent, and the HOA manager to see what the hold up was. During that phone conversation, the HOA manager claimed the paper work they were waiting on had "just showed up". 😐 They said they were pulling permits that same day and by the end of week 9 we'd have a roof. Both my agent and I are skeptical of these claims. I received an additional email the next day (Friday week 8) stating that they had issues pulling permits. If we do not have a specific start date by the end of week 9 we will officially inform the that we are seeking legal assistance to facilitate the process.
    0Reply
  • Travis Stafford
    OP
    Dallas, TX · Member since 2016 · 19 posts · 5 votes
    9y
    John, other than this situation, we enjoy having an HOA. We don't worry about any of the neighbors ruining the looks of the neighborhood, and we don't maintain any of the exterior. There are pros and cons to both scenarios. This particular property is in a great area and there is no option to purchase without an HOA.
    0Reply
  • Dave Toelkes
    Investor · Pawleys Island, SC · Member since 2008 · 1k+ posts · 837 votes
    9y

    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.

    1Reply
  • Mark Gallagher
    Flipper/Rehabber · Allentown, PA · Member since 2011 · 1k+ posts · 701 votes
    9y

    @Travis Stafford

    Keep 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..)

    2Reply
  • Travis Stafford
    OP
    Dallas, TX · Member since 2016 · 19 posts · 5 votes
    9y
    Mark Gallagher definitely the type of feedback I was looking for. Thanks you
    0Reply
  • Dave Toelkes
    Investor · Pawleys Island, SC · Member since 2008 · 1k+ posts · 837 votes
    9y

    @Travis Stafford

    Caution 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.

    1Reply
  • Travis Stafford
    OP
    Dallas, TX · Member since 2016 · 19 posts · 5 votes
    9y
    Dave Toelkes good advice. I agree with your concerns, and fortunately we have no intention of doing the work ourselves. We will just have to keep waiting for now.
    0Reply
  • Travis Stafford
    OP
    Dallas, TX · Member since 2016 · 19 posts · 5 votes
    9y
    Update: We have just entered the 11th week with no repairs. The original start date of week 9 fell through. The previously submitted blueprints were not drawn to the city's preference and they did not receive permits. Blueprints have been in the process of being redrawn for two weeks. Our management company is not communicating any expected time frame for blueprints, permits, or estimated construction start date. When we email them to seek out this information, we get very passive aggressive responses that pass the blame on to others, and no valuable information is given. We are most likely going to be speak with an attorney this week to see what our legal options are.
    0Reply
  • Nicole A.Pro Member
    Rental Property Investor · Baltimore County Maryland and Tampa Florida · Member since 2013 · 2k+ posts · 2k+ votes
    9y

    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.

    1Reply
  • Jenifer Levini
    Attorney · Santa Cruz, CA · Member since 2015 · 345 posts · 358 votes
    9y

    Hi @Travis Stafford

    disclaimer - 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.

    2Reply
  • Travis Stafford
    OP
    Dallas, TX · Member since 2016 · 19 posts · 5 votes
    9y
    Update: We are now in week 13 with no roof. At week 11 we still could not get any type of timeline for when repairs might begin. We informed our HOA management company that we were exploring our legal options. At that point they ended all communication with us. We have hired an attorney and sent a demand letter. If construction does not start by the end of the 14th week then we will be forced to move forward with a lawsuit.
    0Reply
  • Nicole A.Pro Member
    Rental Property Investor · Baltimore County Maryland and Tampa Florida · Member since 2013 · 2k+ posts · 2k+ votes
    9y

    Thank you for the update. It's terrible that you had to resort to this, but that is ridiculous to have no action after 13 weeks.

    0Reply
  • Travis Stafford
    OP
    Dallas, TX · Member since 2016 · 19 posts · 5 votes
    9y
    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.
    0Reply
  • Anshul Deb
    Investor · Houston, TX · Member since 2017 · 1 post · 0 votes
    9y

    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. 

    0Reply
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