If our HOA is not responding to our questions and a repair needed in the foundation, what can we do to have them respond?

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If our HOA is not responding to our questions and a repair needed in the foundation, what can we do to have them respond?

We have townhome that the HOA is responsible for maintenance and repair for structural aspects including foundation.We discovered a leak a year ago and it’s due to a crack in the foundation. The HOA has been dragging on the repair process for a year.Slow in replying to emails. Never have a way to call them. Recently

they emailed us two options – One is to have them ‘fix’ the crack according to

Asked on May 21, 2017 under Real Estate Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Your only option to make them respond is to sue them. You sue them for "breach of contract": for violating the terms of the agreements or documents making this their responsibility. In the course of the lawsuit, you can use the legal mechanisms or procedures of "discovery" (e.g. written questions or interrogatories; document production requests) to get the information and documentation you are seeking. And if it turns out that they are not honoring their contractual obligations, you could enforce the obligations in the lawsuit (e.g. force them to make repairs, if they are required to do so).


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