Seeking Legal Advice on HOA and Water Damage Issue

Seeking Legal Advice on HOA and Water Damage Issue

Investor · Member since 2022 · 11 posts · 2 votes

Hi everyone,

I recently purchased a rental property in a condo managed by an HOA, and I'm dealing with a challenging situation that I'd appreciate advice on.

Shortly after closing, I discovered that the roof above my unit (a common area under the HOA's responsibility) was severely damaged from a past storm. Water is now leaking through the ceiling into my tenant's unit, and it's worsening with every rain also the neighboring unit has sever water damage (like a pool inside and it is owned by the HoA) and water from it leaking very dirty water from the shared wall to mine. The HOA has acknowledged the roof issue but claims repairs are delayed as they’re still collecting bids. Meanwhile, water damage is spreading, affecting my unit and others.

The tenant is understandably frustrated and has mentioned safety concerns due to slipping hazards caused by the water. They’ve also indicated they might move out. I’m worried about:
- Liability if the tenant decides to take legal action.
- The increasing cost of damage repair and potential mold growth.
- The HOA’s apparent lack of urgency to fix the roof.

I’m considering consulting an attorney to explore my options, but my budget is limited. Can anyone advise:
1. How attorney fees typically work in these cases (e.g., hourly, contingency, flat fee)?
2. Are there any cost-effective ways to handle this situation legally?
3. Would it be worth seeking a free consultation with a real estate attorney to evaluate my case?

If anyone has faced a similar issue with an HOA or has suggestions for next steps, I’d really appreciate your insights.

Thanks in advance!

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  • Tim DelaneyPro Member
    Buffalo, NY · Member since 2018 · 790 posts · 530 votes
    1y

    Sorry you are dealing with that, it sounds awful.

    My guess is most attorneys are going to charge hourly on something like this unless you are suing the HOA for damages in which case they may take a contingency fee. It seems to me though your short term objective is to get the HOA to take immediate action on the roof. It couldn't hurt to call a couple attorneys right away to see what they say in terms of cost and suggestions for dealing with this quickly.

    In terms of mitigating any legal issues with your tenant be sure you are documenting every conversation you have had with the HOA in terms of asking them to make the necessary repairs. Be sure you consult your agreements with them as well to determine if there is some other action you are responsible for.

    You may also want to contact your insurance to find out if and when they may step in and do something. Maybe they would/could take it upon themselves to pay for the repairs to the roof to salvage your unit and prevent further damage then they would go after the HOA to recoup costs. They may also be able to temporarily relocate your tenant to avoid any other issues.

  • Investor · Member since 2022 · 11 posts · 2 votes
    1y

    Thank you for your response. I havent gotten an insurance for this and a week after close I consulted some insurance provider and he didnt offer me insurance options. No mortgage on it. And also I inherited the tenant and havent signed lease with them been advised to better honor the same terms of the seller until their contract finish. Its a month to month and im in a weak position even to ask the tenant to renew lease now and they seem they are willing to stay they just need a solution to the issue. My options are very limitted and the situation is very draining even I follow the bigger pocket advises and I unvested a lot of time in learning and also have years of experience with tenant. Usually if it is something no HoA I solve the issues but now the prolem is under the HoA mercy that seems to careless and the water damages are severe and scary on the photos.

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