Condo Association can be Sued by Condo-owners for Negligent Care of the Units
The owner of a condominium unit can sue his/ her Condominium Association if the association fails to fix the repairable damages on time. The condominium association can be sued if it fails to repair both temporary damage as well as permanent damage.
If damage in the condo unit is repairable, it is termed as temporary damage. However, if the expenditure involved in repairing the damage goes beyond the value of the unit, the damage is termed as permanent. If a condo owner has adequate evidence to prove that the condo association has neglected the damages in a condo unit, he/ she can immediately file a lawsuit against the association with the assistance of an association savvy attorney.
There are several HOA law firms that help the homeowners by representing them in such cases. Water damage is one of the major reasons why condo associations are sued in Houston and Dallas area. There are many condo owners whose units have badly damaged by window leaks, roof and deck leaks as the condo association has not taken sufficient measures to deal with these problems. If the board members of a condo association refuse to repair the damaged area, a condo owner has the right to sue the association so as to compel them to fix the damages.
Before filing a lawsuit against the condo association, the owner of the unit should keep certain factors in mind. These factors are as follows:
These are some of the factors that you should keep in mind for taking legal action against your condo association if it fails to fix damage in your unit or ignores the maintenance of common areas of the condo.
If damage in the condo unit is repairable, it is termed as temporary damage. However, if the expenditure involved in repairing the damage goes beyond the value of the unit, the damage is termed as permanent. If a condo owner has adequate evidence to prove that the condo association has neglected the damages in a condo unit, he/ she can immediately file a lawsuit against the association with the assistance of an association savvy attorney.
There are several HOA law firms that help the homeowners by representing them in such cases. Water damage is one of the major reasons why condo associations are sued in Houston and Dallas area. There are many condo owners whose units have badly damaged by window leaks, roof and deck leaks as the condo association has not taken sufficient measures to deal with these problems. If the board members of a condo association refuse to repair the damaged area, a condo owner has the right to sue the association so as to compel them to fix the damages.
Before filing a lawsuit against the condo association, the owner of the unit should keep certain factors in mind. These factors are as follows:
- Before you file a lawsuit, try to resolve the issue with the help of mutual discussion. If discussions prove to be futile, you may approach the court of law.
- Â Confirm that you have adequate evidence to prove the negligence on the part of the condo association.
- Before hiring an attorney, go through the governing documents to ensure that your decision of taking a legal action against the association is strong enough.
- A lawsuit involves lot of money; thus, you should be prepared to invest in fees.Â
- Once you hire an attorney, he would help you draft a complaint by listing all the facts about the negligence of the HOA and would also ask the court to provide you with relief. Â
- Once you file a lawsuit, you should act in accordance with the orders and instructions of the court. You must be available on the trail dates and hearing dates set up by the judge till the case is reached.
These are some of the factors that you should keep in mind for taking legal action against your condo association if it fails to fix damage in your unit or ignores the maintenance of common areas of the condo.
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