Need some insight into steps to take for homeowner with HOA

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Need some insight into steps to take for homeowner with HOA

Shawn Regnier
Realtor · Los Angeles, CA · Member since 2017 · 99 posts · 97 votes

A friend asked for some advice on his mother's situation with mold issues under her home in New Hampshire. She lives in an over-55 Resident Owned Community. Homes here are manufactured and have an HOA fee.

A handyman discovered quite a bit of mold under the house due to an issue that the developer created when installing the hillside drainage system from the streets. Her house is at the bottom of the hill. She complained last year of the splashing water from the setup that was happening to her house. The developer dug a trench, but it continued to happen.

She just found out that this happened to a nearby neighbor two years ago, and the developer dug new lines and gave the owners $1,000 to appease all of the mold under the homeowner's house. The homeowner then fixed it themselves, apparently.

She has a meeting with the HOA next week, so her son asked for my advice. He has a feeling they are going to put a bandaid over the situation, and I don't disagree.

What steps should she take to protect herself? She would rather not hire a lawyer until she finds out what they say, and doesn't want to call her insurance company yet because she fears they will not do anything since the issues haven't been fixed.

Any advice would be appreciated.

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Chris SeveneyBusiness Member
Moderator
Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
3y
Quote from @Shawn Regnier:

A friend asked for some advice on his mother's situation with mold issues under her home in New Hampshire. She lives in an over-55 Resident Owned Community. Homes here are manufactured and have an HOA fee.

A handyman discovered quite a bit of mold under the house due to an issue that the developer created when installing the hillside drainage system from the streets. Her house is at the bottom of the hill. She complained last year of the splashing water from the setup that was happening to her house. The developer dug a trench, but it continued to happen.

She just found out that this happened to a nearby neighbor two years ago, and the developer dug new lines and gave the owners $1,000 to appease all of the mold under the homeowner's house. The homeowner then fixed it themselves, apparently.

She has a meeting with the HOA next week, so her son asked for my advice. He has a feeling they are going to put a bandaid over the situation, and I don't disagree.

What steps should she take to protect herself? She would rather not hire a lawyer until she finds out what they say, and doesn't want to call her insurance company yet because she fears they will not do anything since the issues haven't been fixed.

Any advice would be appreciated.


Simple. go to the HOA meeting and say you have 30 days to submit a plan from civil engineer that alleviates the issue. If not I will be forced to get an attorney involved because you are causing mold damage and a health concern to my property.

Unfortunately nothing gets done, especially with a HOA until you threaten them. They are not your friends, and even if they are, business is business.

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  • Chris SeveneyBusiness Member
    Moderator
    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    3y
    Quote from @Shawn Regnier:

    A friend asked for some advice on his mother's situation with mold issues under her home in New Hampshire. She lives in an over-55 Resident Owned Community. Homes here are manufactured and have an HOA fee.

    A handyman discovered quite a bit of mold under the house due to an issue that the developer created when installing the hillside drainage system from the streets. Her house is at the bottom of the hill. She complained last year of the splashing water from the setup that was happening to her house. The developer dug a trench, but it continued to happen.

    She just found out that this happened to a nearby neighbor two years ago, and the developer dug new lines and gave the owners $1,000 to appease all of the mold under the homeowner's house. The homeowner then fixed it themselves, apparently.

    She has a meeting with the HOA next week, so her son asked for my advice. He has a feeling they are going to put a bandaid over the situation, and I don't disagree.

    What steps should she take to protect herself? She would rather not hire a lawyer until she finds out what they say, and doesn't want to call her insurance company yet because she fears they will not do anything since the issues haven't been fixed.

    Any advice would be appreciated.


    Simple. go to the HOA meeting and say you have 30 days to submit a plan from civil engineer that alleviates the issue. If not I will be forced to get an attorney involved because you are causing mold damage and a health concern to my property.

    Unfortunately nothing gets done, especially with a HOA until you threaten them. They are not your friends, and even if they are, business is business.

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  • Richard F.
    Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
    3y
    Aloha,

    Start documenting the conditions found; steps you have taken to investigate; results/reports from those investigations including simple statements on invoices; and photos of the areas of concern.

    You also need to get crystal clear on what your Governing Documents detail as Owner responsibility, vs. HOA responsibility. I actually had a very similar issue with a unit that we managed. The HOA kept sending "inspectors" to find the source of the problem, variously blaming the water source on our water heater, on the gutters, on the unit next door, and just questioning that there even was a problem. This, in spite of the fact the block foundation walls showed clear signs of the open cells being full of water and, based on age, I suggested the external waterproofing had failed, allowing the normal drainage of the property to flood that foundation wall. Over a 12 month period, the floor deteriorated in multiple areas to a point where the Tenant's foot went through the subfloor! At that point, we advised the Tenant to vacate, and had to pursue the HOA with an Attorney, who finally got them to accept responsibility. They ended up replacing most of the first floor subfloor, joists, floorcovering, kitchen and bathroom cabinets, and complete repaint. The prior Tenant was given first opportunity to move back in, which they did. The HOA also had to compensate our Client for the reduced and lost rent due to the years long issue.
    1Reply
  • Shawn Regnier
    OP
    Realtor · Los Angeles, CA · Member since 2017 · 99 posts · 97 votes
    3y
    Quote from @Chris Seveney:
    Quote from @Shawn Regnier:

    A friend asked for some advice on his mother's situation with mold issues under her home in New Hampshire. She lives in an over-55 Resident Owned Community. Homes here are manufactured and have an HOA fee.

    A handyman discovered quite a bit of mold under the house due to an issue that the developer created when installing the hillside drainage system from the streets. Her house is at the bottom of the hill. She complained last year of the splashing water from the setup that was happening to her house. The developer dug a trench, but it continued to happen.

    She just found out that this happened to a nearby neighbor two years ago, and the developer dug new lines and gave the owners $1,000 to appease all of the mold under the homeowner's house. The homeowner then fixed it themselves, apparently.

    She has a meeting with the HOA next week, so her son asked for my advice. He has a feeling they are going to put a bandaid over the situation, and I don't disagree.

    What steps should she take to protect herself? She would rather not hire a lawyer until she finds out what they say, and doesn't want to call her insurance company yet because she fears they will not do anything since the issues haven't been fixed.

    Any advice would be appreciated.


    Simple. go to the HOA meeting and say you have 30 days to submit a plan from civil engineer that alleviates the issue. If not I will be forced to get an attorney involved because you are causing mold damage and a health concern to my property.

    Unfortunately nothing gets done, especially with a HOA until you threaten them. They are not your friends, and even if they are, business is business.

     Thanks @Chris Seveney that was pretty much my first suggestion to my friend. Your 30 day/civil engineer will be added to what we have written for her.

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  • Shawn Regnier
    OP
    Realtor · Los Angeles, CA · Member since 2017 · 99 posts · 97 votes
    3y
    Quote from @Richard F.:
    Aloha,

    Start documenting the conditions found; steps you have taken to investigate; results/reports from those investigations including simple statements on invoices; and photos of the areas of concern.

    You also need to get crystal clear on what your Governing Documents detail as Owner responsibility, vs. HOA responsibility. I actually had a very similar issue with a unit that we managed. The HOA kept sending "inspectors" to find the source of the problem, variously blaming the water source on our water heater, on the gutters, on the unit next door, and just questioning that there even was a problem. This, in spite of the fact the block foundation walls showed clear signs of the open cells being full of water and, based on age, I suggested the external waterproofing had failed, allowing the normal drainage of the property to flood that foundation wall. Over a 12 month period, the floor deteriorated in multiple areas to a point where the Tenant's foot went through the subfloor! At that point, we advised the Tenant to vacate, and had to pursue the HOA with an Attorney, who finally got them to accept responsibility. They ended up replacing most of the first floor subfloor, joists, floorcovering, kitchen and bathroom cabinets, and complete repaint. The prior Tenant was given first opportunity to move back in, which they did. The HOA also had to compensate our Client for the reduced and lost rent due to the years long issue.

    I'm sure HOA will try to get out of this as cheaply as they can, so she'll face similar resistance. The attorney seems like the route that should be taken, once the HOA comes up short on their offer. Thanks for the quick reply @Richard F. and I'm saddened by what is going on in your neighboring island.

    0Reply
  • Richard F.
    Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
    3y
    Quote from @Shawn Regnier:

    Thanks for the quick reply @Richard F. and I'm saddened by what is going on in your neighboring island.

     Mahalo...it is a nearly incomprehensible tragedy. The town of Lahaina had a population of around 12,000. Latest tally suggests over 2000 homes destroyed, in addition to the bulk of the local businesses that were largely driven by tourism and Maui's island wide annual influx of 200,000 to 300,000 tourists. Housing needs are going to be epic, and long term. The sheer logistics of completing search and recovery; clearing the largely incinerated, and toxic, debris field (including hundreds upon hundreds of burned out cars); re-establishing utility main feeds and key branch lines; all while respecting the affected residents AND maintaining security is absolutely monumental. This all must happen even before rebuilding can begin. And then there is the mental toll for all affected...

    1Reply
  • Jared W SmithBusiness Member
    Architect · Westchester County, NY · Member since 2018 · 682 posts · 476 votes
    3y

    My parents house had a similar issue many many years ago. Condo HOA was run poorly and all ways looking to cheap out on necessary problems. These were attached condo, townhouse style. My parents were having relentless problem with the roof. Consistently telling them of leaking problems and the need for a new roof. The HOA continually patched and patch roof never actually fixing the problem. They threatened with attorney to no avail. Welp.. it got so bad we had buckets in me and my brothers rooms.. THANK GOD when my brother went to get more buckets one night and THE WHOLE CEILNG COLLAPSED! Dry wall, wet insulation and rotted joist. He would be been seriously injured or killed. Our home owners insurance stepped in and moved us out to a hotel for months and had the whole top floor renovated and new roof put on. The insurance then went after the Condo/HOA for failure to maintain the exterior where it affected the safe occupancy within. And the HOA fought it! like it wasn't obvious negligence. It was a long fought battle before it was resolved. Then the Board gave my parents the cold shoulder for many years after the event.. AS IF we weren't allowed to have a safe, DRY home to live in. F'in ridiculous. Good luck with your issue. HOAs suck.. @Shawn Regnier

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  • Shawn Regnier
    OP
    Realtor · Los Angeles, CA · Member since 2017 · 99 posts · 97 votes
    3y
    Quote from @Jared W Smith:

    My parents house had a similar issue many many years ago. Condo HOA was run poorly and all ways looking to cheap out on necessary problems. These were attached condo, townhouse style. My parents were having relentless problem with the roof. Consistently telling them of leaking problems and the need for a new roof. The HOA continually patched and patch roof never actually fixing the problem. They threatened with attorney to no avail. Welp.. it got so bad we had buckets in me and my brothers rooms.. THANK GOD when my brother went to get more buckets one night and THE WHOLE CEILNG COLLAPSED! Dry wall, wet insulation and rotted joist. He would be been seriously injured or killed. Our home owners insurance stepped in and moved us out to a hotel for months and had the whole top floor renovated and new roof put on. The insurance then went after the Condo/HOA for failure to maintain the exterior where it affected the safe occupancy within. And the HOA fought it! like it wasn't obvious negligence. It was a long fought battle before it was resolved. Then the Board gave my parents the cold shoulder for many years after the event.. AS IF we weren't allowed to have a safe, DRY home to live in. F'in ridiculous. Good luck with your issue. HOAs suck.. @Shawn Regnier

     Everything is always about money and greed versus doing the right thing.

    Thanks for sharing @Jared W Smith

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  • Jared W SmithBusiness Member
    Architect · Westchester County, NY · Member since 2018 · 682 posts · 476 votes
    3y

    Sadly, sometimes it is. 

    No HOAs for me in my personal home and investments. 

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