Failure to Repair: Holding Your HOA Responsible

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:

• Landscaping
• Sidewalks
• Roofs
• Pools
• Elevators
• Parking areas
• Recreational areas

What Actions to Take if HOA Neglects Repairs?

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.

Legal Recourses Available

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.

Building a Solid Case

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.

• Clarify the HOA’s Responsibilities: Begin by demonstrating the HOA’s clear obligation to maintain and repair specific common areas. This can be derived from the association’s governing documents or any signed agreements between homeowners and the HOA.
• Highlight the HOA’s Oversight: Clearly showcase instances where the HOA failed to act or neglected its duty. This may involve instances of delayed repairs, ignored requests, or failure to acknowledge documented issues.
• Quantify the Impact: Emphasize the repercussions of the HOA’s neglect. This could range from property damage, depreciation in property value, to potential safety hazards or inconveniences experienced by homeowners.

To lend weight to these arguments, you’ll need substantial evidence:

• Governing Documents: A copy of the HOA’s by-laws or CC&Rs will highlight the specific responsibilities the association has committed to. This forms the backbone of any case against them.
• Visual Evidence: Before-and-after photos or videos can powerfully depict the state of disrepair or neglect. This makes the problem tangible and hard to dismiss.
• Financial Documentation: If you’ve received estimates or invoices from contractors about the repair costs, they can serve as evidence of the financial implications of the neglect.
• Expert Testimonies: Having someone with authority, like a construction engineer, can lend credibility to your claims. Their perspective can further highlight the neglect and its implications.

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.

Your Ally in HOA Disputes

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.