Paint over my car (HOA, condominium, lawyer)

[luisferg77]

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During the painting work on my building, my car got lightly sprayed with white paint. It looks like there is dust all over my car. It will cost $200 to clean the paint of my car.

I wasn't asked to move my car nor the contractor had protected my car. I guess because it was a small job but due to the windy weather my car got damaged

I have contacted the condominium association and they gave me the phone number of the contractor and the contractor gave me the phone number of the sub-contractor.

My question is: If the association hired the contractor, does the association have to make the contractor pay for the damages or do I have to deal with the sub-contractor?


Please advise

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[macrodome2]

I would think the HOA is responsible. My logic is that the HOA doesn't want residents directing their contractors. So if you were to ask the contract directly to so something for you, they would probably have a fit. However, now that there is a problem, it sounds like they'd just prefer to pass you off so they don't have to deal with it. They should be the ones dealing with the contractor and he can deal with his sub.

[bbronston]

This is one of those legal questions that really should be handled by an attorney but, for $200, that doesn't make much sense, I guess. I see macrodome2's logic. I don't think the HOA should be responsible but I do think the management company for the association should take the lead on the issue. They hired the contractor, they manage and represent the association, and you are part of that association, assuming you are an owner. If you are a tenant, maybe a call to your landlord is in order. Either way, to me, the management company needs to contact the contractor on your behalf and you shouldn't have to deal with a contractor or a sub-contractor.

Think of it this way...if the sub had damaged the side of the building, the management company would be talking with the contractor on behalf of the association, right? I think it is a similar relationship for this situation but I am not a lawyer and only a lawyer can provide you with legal advice.

[Restrain]

Ok, so it cost $200 to clean the car plus your time, etc. go get it done, then send a demand letter to the contractor and sub-contractor, CC the HOA. They don't pay, file a small-claims suit in small claims court (minimal filing fee, no attorney needed). Include the HOA as the contracting party.