Two nights ago There was a fire that destroyed 4 condos. The fire started in my neighbors gas fireplace. The fire department gave me a copy of the letter that was sent 4 years ago notifying the board that the fireplaces weren't up to code and a fire threat. The board ignored the letter but the city did not follow up on whether the problem was corrected. The day after the fire the city came and red tagged each fireplace. What are my legal rights?
What are your legal rights? That depends on your relationship to the HOA. Was your condo destroyed, are or were a board member, do you have homeowners insurance, etc. Your status is unclear from your question.
I suggest this issue is too complicated for an answer here on Avvo. You would be well served to consult legal counsel in your area where all issues can be fully explored. Good luck.
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1 lawyer agrees
Construction / Development Lawyer
There are a lot of legal issues here. If your condo was damaged, you may have the right to assert a claim against the HOA. Cities usually do not have any liability for not following up on code violations.
You should at the very least submit a claim to your insurance company and to the HOA's insurance company.
You may also want to consult with a local attorney.