We are under going a home remodel with paint from the ceiling down, and new carpet. Prior to this being done, an area in my home where a leak was evident was reported and "repaired" by my HOA. However, the leak remained persistent as evidenced by the moist dry wall bleeding though the primer and paint (several coats in fact). I reported it immediately and nothing was done other than to tell me to compile a complete list of needed repairs, which I did with accompanying pictures. The person who painted the house noticed a hole in the exterior window below where the previous leak was located and where current wood rot, wet sheet rock and sub floor are still in the home, The person who did the previous repair came by to compile his recommendations to the HOA who submitted to the board.
There are attorneys who handle HOA related cases. I suggest you look for one of them via AVVO's find a lawyer feature or through the NC Trial Lawyers Association.
From the sound of it, I take it that you live in a townhouse or a condominium, correct?
There will be a declaration on record in your county which establishes who has the responsibility of making repairs to problems within the interior walls. In a Condo Association, it is typically the HOA, but some townhouses have declarations that indicate that it is the shared responsibility of the adjacent unit owners who share the "party wall."
It is important to get to the bottom of that issue to determine who is responsible for payment. You definitely need to meet with a local attorney who handles HOA matters. It will help to have a copy of the declaration or other document which creates the restrictions with you when you meet.
Licensed in North Carolina only. This post is intended for general informational purposes only. By submitting this information, I in no way intend to create an attorney-client relationship with any prospective reader, nor does this post serve to establish such an attorney-client relationship. You should consult with your local attorney prior to making any decisions which may impact your legal rights.
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