If I’m having problems with my HOA not fixing a leak problem by my door, can I sue them for damages to my floor, trim and a mold problem that has now started?

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If I’m having problems with my HOA not fixing a leak problem by my door, can I sue them for damages to my floor, trim and a mold problem that has now started?

I have had problem with this for over three years. They have been sending people to fix(patch the problem) but has not done anything water from rain still comes in. Now my floor have bubbled up and lifted and there is a moldy smell. I have not tested for mold yet but i plan to. I just want to know if i have a case to get them to fix my floors. I have stopped paying association so that they could fix problem but that only got me into more trouble now.

Asked on May 8, 2012 under Real Estate Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the HOA is legally responsible--e.g. under your deed, the complex's master deed, and/or the documents governing the HOA--for repairing this leak, then they are also responsible for any resulting cost or damage from their failure to properly make repairs.

Withholding HOA fees is not the way to resolve the situation, since you may then have to contend with liens and/or a foreclosure attempt on your unit. If the HOA is not honoring its obligations, the way to protect your rights and interests is to sue them, either for monetary compensation and/or a court order (injunctive relief) requiring them to correct the situation. You should consult with a real estate attorney.


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