What can I legally do about an HOA that refuses to be involved in fixing a building major issue?
I own a unit in a 4-unit condo building where all owners make up the HOA (I’m the treasurer). My unit has had recurring water leaks for years, and we’ve spent thousands on temporary fixes. We now have tenants, and a recent electrical issue revealed water entering through an outlet. Multiple independent inspectors traced the problem to common elements (the roof and exterior wall). The roof is original from 2001 and beyond its lifespan, and the prior wall work was done incorrectly. Despite this, one HOA member refuses to approve proper repairs and only wants patching, while the other two stay neutral. Contractors say patching won’t last, offer no warranty on (because of roof age), and has already failed several times previously. I arranged all inspections and quotes for the past two months, but the others are not participating or moving forward, and the delays are causing continued damage to my unit and affecting my tenants.
What legal options do I have when an HOA made up of the other owners refuses to address major common-element issues? Can I compel action, recover costs if I proceed myself, or take other steps to protect my property?
This is a question for the HOA;s attorney - and perhaps you should retain counsel (for yourself). This basic Q and A forum is not the proper place to evaluate the matter. One needs to review the HOA's governing DOCs, and thoroughly investigate (and formally document) the facts you have posted, THEN determine options. These issues can be difficult to resolve with so small a membership. Start with the HOA attorney. Hope this helps. gsg
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