HOA/townhouse water damage issue. Anyone know real estate law?

[javaj]

We had water damage first week of May, water collecting in the window well seeping into our basement. There were some transitions going on...HOA board had not renewed the old property management company's contract and they hired a new property manager/maintenance person starting June 1st. Board itself was in chaos with people trying to oust each other, etc etc. New board president starting early June.

Anyway, it has been 9 weeks since the water damage occured, and repairs are NOT completed yet. I call the maintenance guy, property manager, board pres, board VP every 2 or 3 days. I got our own quote from a construction company (who said they could complete repairs in less than 1 week), provided that to the HOA board/prop mgt. But the quote was for repairs, not guaranteeing the actual water leak/damage).

The water has been determined to be 2/3 groundwater and 1/3 city water. There's a leak 2 units from us and they are waiting for a valve part for repair. At this point, they have a permanent sump pump/huge cylinder in the window well (very ugly, not hard wired electrically so plugged in). Basement flooring (carpet/pads) have been pulled up for about 8 weeks, smelly down there. They had scraped and primed the walls, done some patches, without covering any furniture in the basement! So there's white paint dust everywhere on book shelves, keyboard, tv, computer, etc.

Supposedly repairs were almost done last week when a small amount of water started coming into the basement again.

To top it off, we are trying to sell our townhome because we need to move to TX ASAP for DH's job (he's out there, kids and I are here in CO while I try to deal with this). We already lost the best month to sell, and I am so worried that this won't be done anytime soon.

I've tried leaving messages for a few real estate attorneys but haven't been able to get a consultation yet.

I really don't think I'm being unreasonable to expect this to be done by now. Anyone know if I have any recourse? Any suggestions???

Forgot to mention: We pay $205 a month in HOA dues, HOA is responsible for anything external. So HOA is responsible for the water damage in the basement because the water seeped in from the outside, they aren't arguing this, just taking a long time!

 

[BellePrincessBelle]

Wish I could help but I do know when we owned a condo they were specifically not resposible for ground water damage. Damage & installing a sump was your own expense.

 

[Cheshire Figment]

There are three type of ownership where there is a HOA. Which do you actually have?

One is co-op. The HOA owns the entire property and you have both a proportionate share of the ownership and a lease on the unit where you live. The HOA is responsible for all repairs.

Second is condo. You own the inside of the unit whle the HOA owns the building structure and everything outside the building. You are responsible for everything inside the unit while the HOA is responsible for everything between the inner and outer walls as well as everything outside the building

Third is fee-simple. You own the building (or your portion such as a townhouse) and you are responsible for everything. Often in this situation the HOA will handle all or part of the landscape maintenance, but you are responsible for everything else. The everything else includes all pipes and cables between the buiding and the mains.

 

[bicker]

Unfortunately, give your circumstances, there is really nothing you can do to push the process along, other than being very accommodating and helpful to the HOA.

Gosh I wish our fees were only $205 a month!

 

[golfgal]

What do your by-laws say about who is responsible for the damage?

 

[javaj]

There are three type of ownership where there is a HOA. Which do you actually have?
Second is condo. You own the inside of the unit whle the HOA owns the building structure and everything outside the building. You are responsible for everything inside the unit while the HOA is responsible for everything between the inner and outer walls as well as everything outside the building

This is us -- HOA is responsible for the building and everything outside. They aren't arguing that they are responsible for all the repairs, it is just taking quite a long time for the repairs to be completed.