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Updated almost 6 years ago on . Most recent reply

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Britt Angel
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7
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HOA need to sue my HOA but concerned they'll wriggle out of it

Britt Angel
Posted

I have had water damage to floors all along the front of my house because water was regularly directed into my house from the irrigation nozzles and the HOA are responsible for them

I want to sue for the cost of the new floors, but am concerned exactly WHO to sue. I did want a name as Agent of Service. 

Can an individual member of the board or management company be held legally responsible  for the boards' decisions though?

If I sue 'The Board' will I get the judgment paid - or can they just duck it, since no one person is named ?

INFO 

I had noticed overwatering in several spots near my house during 2016 and 2017 so contacted the office, in advance of this problem, just to be a good neighbour. But it took a lot of repetition before they took any action. Then it became apparent the irrigation nozzles were routinely spraying water against my house and subsequently that this water was getting in - carpets were damp coming through from padding below.

After checking pipes etc with a couple plumbers who found nothing wrong with any pipes in summer and fall 2017 ... My insurance got involved n November 2017 and said since its a 'Walls In' policy and the HOA are responsible for the issue and the damp inside, the claim ought to be with the HOA's insurance policy (i also pay for that via dues)

An engineers report requested in December and was finally provided to me in February 2018 , and sent to the HOA in February 2018 with an explanation.

After a lot of avoidance and misdirection and wasted time (with the damp increasing) the HOA admitted that their policy was no good and so they need to compensate me direct. But they made no offer despite requesting various quotes, which were provided to them.

They appeared to not take the damage seriously...  yet took some rather odd actions.

For example:

Board started digging drains in front to of my house without ever acknowledging my engineer's letter about the damp, or coming in to look at where it was coming in.

This was not recommended by the engineer.

Meanwhile, I was waiting for funds to replace the carpets and while delays went on I had to move out the house because of the risk of mold. 

I had to repeatedly travel back to the house over and over for meetings with a specific firm of plumbers that the HOA insisted come there with the brief to persuade me to believe I had pipes leaking under my slab foundation - and push me to pay them for extensive unnecessary works.

The previous (independent) pumpers and the engineer had already explored all this and confirmed no such issues 

The Board started inviting me to take part in the morning meetings they set up monthly to argue with homeowners who have broken rules. These 'compliance' meetings are hostile and upsetting and attended by angry groups of neighbours who are in conflict. 

At these meetings there were several board members or volunteers present lead by a retired attorney. They were not open to learning anything about the situation, and said so, but did they make any additional comment or engage in any discussion about the problem or the solution. So these meetings were futile. 

I paid for new floors out of pocket in May 2018 and am still out of pocket and on the hook with the credit card company 

 I told them I will not drop the matter no matter what they try. 

I have told them I will accept HALF for damaged property so long as they cover the cheapest quote for flooring. 

I have told them  I'll sue for hotel bills, travel and medical expenses as well as damaged property and floors... but I am holding off ONLY as I know these expenses and court costs will be paid for by my neighbours.

The HOA board have finally offered $1700 for a $6000 claim in October 2018.

I have all the necessary letters, documents photos etc that show they are responsible for the total cost - responsible for the misdirected water - plus harassment & smoke screens  

Lawyers I have asked have either waved it away as easy, or told me 'you can never win against a HOA' Neither angle has been helpful not explained to me.

I wonder if I just need to bring the case against the RIGHT person in small claims court. Without the right 'Agent of Service'  when I get a judgment against 'The Board ' .. will it be collectable? 

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