Is the responsibility that of the HOA or not? We canâ€™t help you with that. Perhaps an attorney can.
Do you want to pay the cost of an attorney to review your HOA documents for an opinion?
Would it be a sound strategy for you to notify the HOA that you plan to hire an attorney to make this review and, if your attorney opines that the HOA is the responsible party, you may be forced to sue to enforce your rights? Would the repairs be cheaper that attorneyâ€™s fees for all involved?
Is it time to play hardball with the HOA?
Best of luck
Your Castle Real Estate
Best of luck to you.
The HOA only cover some items, not everything. In general everything from the walls/ceiling inward is your responsibility.
you didn't specify the source of the leak: roof, unit above yours, pipe in the ceiling???
anyway drywall is not an expensive item. Please consider that your time, efforts and aggravation to get someone else to pay to fix the ceiling for you are not worth the cost of fixing the ceiling yourself.
If you feel strongly about the HOA paying for the repair, have the ceiling fixed. Then send the bill certified to the HOA. If you don't get a response or if you get a response refusing to reimburse you, you may be able to file a claim against the HOA in small claims court. BUT CHECK WITH YOUR ATTORNEY ABOUT FILING A CLAIM IN SMALL CLAIMS.
Keep in mind that a claim filed against the HOA, while not specifically filed against any individual, may ruffle the feathers of some/all board officials and reg members as well. This is yet another reason why it my not be worth it.
People who post here are sometimes fully emotionally engaged. So, they fire off a post and watch all the answers come in.
Feedback is rare. We never hear outcomes. If you could return, adednegoh, and give an update, it would be much appreciated.
Good question, but we as Realtors are not allowed to give legal advice. You need to speak with a Real Estate Attorney to get specific advice on your particular problem. There may be some attorneys that will give you a free half hour consultation. You can also check with 'Legal-Aid' and see if you qualify for free assistance with them. All the best.
Your Castle Realestate
Are they trying to compel you to pay HOA dues that are in arrears?
I ask because dues often are ignored in a foreclosure. I agree, consult an attorney to sift through whatever is going on.