Legal advice Needed - - - your two cents welcome (hardwood floors, HOA)

[A-BIG-NOTHING]

hello everyone,
i wanted to get people's opinion here before consulting with a lawyer or going through with my suit in the small claims court...

My condo HOA is responsible for the outside of my property (roof, siding, etc.). I had a leak on the roof 2 years ago. it damaged my drywall inside. They fixed the roof and the drywall. The same place leaked again this year, water dripped onto my new hardwood floors over night and by the next morning (i cleaned it and put a bucket) water had gone underneath the wood and damaged it.

they sent estimators over to my house (3 written estimates ranging from 550 to 700 and 125 for material). the HOA then said that after further review, they will NOT pay for fixing the problem!

they said: "we talked to our attorny and he suggested that if there is no visible damage, the HOA has no obligation to pay"

i attended the HOA meeting last night and showed them good quality pictures showing that there IS damage. They rejected and gave no further explaination. they have stopped responding to my emails btw but i have the record of all the conversations in email.

What do you think my chances are going with the small claims court? I know they technically "CAN" counter sue me but what would they sue me for? (i'm trying to think ahead) could they sue me for the money they paid their lawyer to give them advice?

can i sue for more than the 550-700 +125 parts? i have lost alot of sleep and alot of time spent trying to resolve this issue in a civilized manner...to no avail.

two cents welcome :-)
thank you everyone in advance...and sorry this is a bit too long.

cheers.

[nwlv]

They could possibly hold you responsible for their legal fees.

[A-BIG-NOTHING]

Originally Posted by nwlv

They could possibly hold you responsible for their legal fees.

what legal fees are you referring to? speaking to their lawyer?

if so, i have two questions:

1. small claims court does not allow lawyers to represent defendents. how does that effect this? if at all.
2. if they can 'try' to sue for speaking to their lawyer, what prevents ME from suing for 5000 (limt for SCC) and say that the rest is me talking to my lawyer to prepare for the court? thoughts?

[nwlv]

Their legal fees for defending against your possibly "frivolous lawsuit." You would be suing a corporation; I would think they would send a lawyer. HOAs covering roof maintenence is great; until they get old. Then it's special assessment time. Even though the money should have been in the reserves. It just doesn't always work out that well.

[claremarie]

Stop sending emails. Send a real letter, certified mail return receipt, outlining all of the relevant facts. Include copies of the pictures. Advise the HOA that if the issue is not resolved within (pick a reasonable time frame), you will be forced to take legal action.
In the meantime, get the necessary forms from the small claims court so that you'll be ready to file your claim.
The HOA can remove to district court, however, where attorneys are allowed. At that point, you might want to drop it, as your attorney fees will exceed any possible recovery.

[A-BIG-NOTHING]

Originally Posted by nwlv

Their legal fees for defending against your possibly "frivolous lawsuit." You would be suing a corporation; I would think they would send a lawyer. HOAs covering roof maintenence is great; until they get old. Then it's special assessment time. Even though the money should have been in the reserves. It just doesn't always work out that well.

you obviously don't know much about what i'm talking about.

THEY CAN NOT send their lawyer to small claims court. the definition of small claims court is that it's person to person without any lawyers involved. lawyers aren't allowed to represent parties.

[A-BIG-NOTHING]

Originally Posted by claremarie

Stop sending emails. Send a real letter, certified mail return receipt, outlining all of the relevant facts. Include copies of the pictures. Advise the HOA that if the issue is not resolved within (pick a reasonable time frame), you will be forced to take legal action.
In the meantime, get the necessary forms from the small claims court so that you'll be ready to file your claim.
The HOA can remove to district court, however, where attorneys are allowed. At that point, you might want to drop it, as your attorney fees will exceed any possible recovery.

thank you for the advice. that makes sense.
i have already gotten the forms for the SCC. I haven't sent letters as you suggested (probably shoudl have) but i did go to the board meeting where i presented them with my aregument and my pictures. It's funny because the board president encouraged me in the email to take legal action as the next step....she seemed to be playing a game of chicken...sort of a "i dare you" attitude....
i will file suit with them if their lawyer whom i contacted yesterday doesn't return with a favorable response...

thank you very much.

lastly, can i sue for anything more than the replacement amount or is that unreasonable?

[gea12345]

Well, starting backwards,why would you want to sue them for more than the replacement amount. For the annoyance and dragging of feet factor??

But getting to your original question: Should you sue?

Yes! But you will have to spend more money and you should sue to recoup that!

You will need a lawyer. you will also need an expert who will attest to the fact that your floors have been ruined. You should also have insurance. They should cover the replacement minus the deductible.

I think it will be hard to win in small claims, since "on the surface they make a good argument" I don't think they have a good legal argument though! A ruined floor is ruined, even if there is not visible damage!

good luck contacting a HOA attorney!, i.e. realestate atty.

[A-BIG-NOTHING]

Originally Posted by gea12345

Well, starting backwards,why would you want to sue them for more than the replacement amount. For the annoyance and dragging of feet factor??

But getting to your original question: Should you sue?

Yes! But you will have to spend more money and you should sue to recoup that!

You will need a lawyer. you will also need an expert who will attest to the fact that your floors have been ruined. You should also have insurance. They should cover the replacement minus the deductible.

I think it will be hard to win in small claims, since "on the surface they make a good argument" I don't think they have a good legal argument though! A ruined floor is ruined, even if there is not visible damage!

good luck contacting a HOA attorney!, i.e. realestate atty.

thank you very much for the advice.
Attached, please see a couple of pictures as far as the damage. (1 showing an undamaged area, 4 showing damaged areas) you CAN see the damage (so can they)! they just are trying to brush it under the rug and dismiss my case for no valid reason. their lawyer said that 'THEY ARE NOT OBLIGATED TO FIX IF THERE'S NO VISIBLE DAMAGE'

i agree with that. but on the oposite side of the spectrum, IF THERE IS visible damage, they ARE obligated to fix it! am i wrong?

[nwlv]

Originally Posted by A-BIG-NOTHING

you obviously don't know much about what i'm talking about.

THEY CAN NOT send their lawyer to small claims court. the definition of small claims court is that it's person to person without any lawyers involved. lawyers aren't allowed to represent parties.

You ask for free advice and then tell someone they don't know what they are talking about....I was defending myself in court before you started tying your shoes. (Moderator remix)

How can it be person to person if you are going to sue the HOA? As Clare said, they could move it up to the next court. THE PARTY IS A LAWYER.