HOA responsible issues probably cause for sale falling through

6 Replies

The long saga of this inept HOA management company continues. I had an inspection by a contracted buyer that found a bunch of exterior and roof issues, some of which I had pointed out to the HOA either before or after purchase. I sent them the inspection report and asked for their response on what they would fix. I heard nothing from them in a weeks time at which I had to respond. So I had to respond that I had "notified the HOA" to more than half of the items. Several interior items were easy to fix which I said I would do except one thing I said I had to request permission from the HOA. I submitted the response and the buyers simply dropped the deal.

I emailed and called the HOA and management company the same day requesting status on this and the issues it was causing me. I've already had to hire a lawyer to write a demand letter to fix my sewer pipe and it took them 4 months to finally do this after an apparent "legal review" for a month or more even though the responsibility was explicitly called out in the Master Deed.

The roof has several holes in it, old water damage with large spots of rotted wood, and several boards completely collapsed in the roof and the gutter is sagging among some of the highlights. 

What should I do here? 

Determine with your attorney what damages you can sue the HOA for and how much it will cost you to pursue legal action.

If these deferred maintenance issues were present when you bought this property, it is likely it is widespread throughout the entire building and should have been apparent, which may an indication of budget/money issues.  They're not going to care about some buyers happy inspection report.  I don't see any quick fix by the association.

You need to protect your asset - and those of other owners. Every HOA has a board of directors. Find out what, when, where elections occur and rally some others to run for office. Clean house - then fire the management company. Be sure to assess yourselves enough money to actually perform the maintenance and duties you (the HOA) is required to. An HOA is only as good or bad as its people. Owners frequently forget that they ARE the HOA and they ARE in charge...

@Leland Smith   Sounds you definately need to get a new Board in place.  One that cares about property valves. If none of these things that need to be fixed have been planned for (they should have) or not in the budget, then it sounds like special assessments will need to be assessed.  

Either way it needs to be addressed.    

I would be requesting an owner list and write a letter to everyone and get there response and input.   Also have you been getting financials?   If this has been going on for a while, it should be reflected in the financials. 

Not sure this is the management company's fault.  They do what the board tells them to do.  I'm with @Steve Racicot .  Rally the homeowners, get a position on the board and then sell.

The issues you are describing did not happen over night.  

@Steve Racicot @Linda Weygant Unfortunately this is an investment property not in the same state as where I live so replacing the board might be an option had I lived there. I'm just trying to sell the property. I did get the financials from the home buyer's request. They were OK with them but I didn't think they were that great as far as excess cash. 

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