What can I do if my neighbor will nor repair a shared townhome foundation which is now damaging my home?

UPDATED: Aug 23, 2011

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What can I do if my neighbor will nor repair a shared townhome foundation which is now damaging my home?

I live in a block of 4 townhomes with shared slab/walls. I am in 1of the inner units. The neighbors house on the end has dropped about an inch over the past year and it is damaging my home. Our HOA does not cover it. What can I do if the neighbor will not fix this?

Asked on August 23, 2011 Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If there are recorded "covenants, conditions and restrictions" for this shared townhouse complex you need to carefully read these recorded documents in that they will most likely have reference to repairs and duties of the property owners even though you homeowner's association does not cover the damage apparently under its rules.

You should make an inquiry if your unit's policy of insurance or any policy of insurance for the complex might possibly cover the damage and have it repaired.

If there is no insurance to cover the repairs and the recorded "covenants, conditions and restrictions" on the property do not set forth a mechanism for the desired repair, you will need to consult an attorney (with perhaps some of your other neighbors affected by the problem) as to a possible lawsuit to have the neighbor repair his property's foundation before it causes further damage to your unit.

Good luck.

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