How to get HOA/management prop to fix water leak fast and for good?

[Ray Os]

I bought an office unit few years ago, and every year when we get large rain storm, i have water leaking into this office floor. It coming through the foundations so it is the HOA responsibility, i had to chase them for a year until they sent someone to put some liquid concrete and foam in the cracks between floor and walls outside last October.

It hold all winter (as far as i can tell because it can leak under the carpet and be unnoticeable)

This morning i got a call that it happened again, water leaked half way through floor (carpet is wet up to 6 feet away from the wall/leaking source)

What can i do to force the HOA to fix this issue for good, I assume it there need to be redesign of the guttering system, reinforce retaining walls and seal building foundations.

Also, because it takes a while to get a hold of them, I need to lose work vacuuming the water out of the unit, and the office is hard to work from for few days after due to big and loud fans on all the time. can I charge the HOA for these loses, or at least threat them I will withhold payments until it is completely fixed forever and not just a quick bandage fix.

Thank you for your help and advise! 

[Richard F.]

Aloha,

You need to check your Governing Documents, especially the Declaration, to see precisely what the HOA is responsible for. If it is not clear, find a RE Attorney that specializes in HOA properties, and have them answer the question "who is responsible" (to clean up and restore damaged areas; and, separately, to make permanent, proper repair).

Document your damages well with photos, keep all related invoices, and contact your Insurance person.

Do not waste your breath "talking", in person or by phone (or texting), with the Managing Agent. Write up a detailed, unemotional (and without anything more than a single brief statement about the prior, similar symptom) incident report, and send it Certified Mail, Return Receipt Requested so you will have proof it was received by the lawful Point of Contact for the Association. Also do not discuss with Board Members directly, unless you attend a Board Meeting and raise the issue during "New business" or Owner's Forum portions of the meeting. Absolutely do not withhold your normal monthly fee payments. You simply do not have that right.

NOTE: Renters often DO have the right to withhold rent payments from their LL, but that is legally, entirely different...you bought an HOA property, and implicitly agree to the terms of their Governing Documents. Failing to make routine monthly fee payments or duly noticed special assessments WILL result in significant Legal fees and at some point, a foreclosure filed against your unit.

[Nathan Gesner]

Quote from @Ray Os:

You need to play hard ball. If the Board meets monthly, I would demand a seat at the table to show them evidence of the problem and demand a permanent solution. I would ask them for a permanent repair as well as compensation for your losses since occupying.

If that doesn't work, then I would hire an attorney and let them work the process. It would start with demand letters and you may eventually have to sue them.

[Bill B.]

Don’t forget where that Hoa money will come from. They’re like a local government. The only money they have is your money. Hopefully there’s a lot of other tenants to help pay for the repair and it doesn’t turn out to be something big.