What are my rights if I am the owner of a condo and had a commonpipe bust that caused damage to my unit 3 /12 months ago but to date it has still not been fixed?

I called the HOA and they sent someone out to stop the leak but the damage left a big hole in my ceiling and water damage ruined my floor. Here we are July 17th after calling and meeting with the HOA board they said they would fix the damage but instead of putting in my original wood flooring they are putting in carpet and I would have to pay the difference if I want the wood floors put back. Can they do this or should I seek legal help at this point ? I attached a picture so you can see yourself how bad this is and I think waiting 4 months I have been really patient

Asked on July 17, 2015 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You have been patient. The condo association cannot make you accept a lesser substitute (i.e. carpeting) in place of the material (wood) damaged by a common element for which they were responsible, unless there is something in the association agreement specifically giving them this right. (If there is, such a contractual term is enforceable.) When someone damages another's property, the law makes them responsible to pay the repair cost to restore the pre-damge condition, and does not let them dictate that lower-cost materials will be used. They also cannot make you wait indefinitely. Unfortunately, your recourse, to get the repairs done with materials comparable to what was damaged and also force them to actually make the repairs, would be to sue the association; suing, however, has its own costs, both monetary and in terms of time, stress, etc. A good first step would be to speak with a real estate attorney with experience in condos and ask him/her to evaluate the strength of your case, what it is worth, and it would cost to pursue it; you can then decided whether to take legal action or not.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.