Ordered to pay HOA dues but HOA has yet to reimburse me for out of pocket repairs

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Ordered to pay HOA dues but HOA has yet to reimburse me for out of pocket repairs

My HOA is suing me for unpaid fees. I stopped paying them when they failed
to fix the outside damage to my condo. They showed up and attempted to fix
the leak a few times, then ignored my emails and phone calls. So I had to pay
for the repairs myself, which ended up being 7,000. It is stated in my HOA
CCR’s that they were suppose to cover the outside repairs. Due to the
negligence and prolonged waiting on my end, the inside of my condo
continued to be damaged from the rain coming in. I explained everything to
my insurance company and they paid for my inside damages of 13,000. How
is it possible for them to sue me and they never held up to repairing my
outside damages? And who is the best attorney to represent me in this case?
I have all emails and documentation to get this settled.

Asked on November 4, 2016 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Your obligation to pay fees and their obligation to repair the outside, etc. are separate and distinct obligations: their failure to do one (the repairs) do not justify you in not doing the other (paying your fee[s]). If you fail to pay the fees, they can sue you for the money; you in turn could sue--or countersue, in context or course of their lawsuit--them for what you believe they owe you due to their failure to make the repairs, requiring you to spend your money. Any litigator (attorney who goes to trial, as opposed to attorneys who mostly do RE closings, or draft wills or contracts) should be able to help you.


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