Fighting the HOA

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Old Sep 20, 2007 | 02:12 PM
  #1  
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From: Scottsdale AZ
Angry Fighting the HOA

This is a question for people with experience with HOA’s

I had a slab leak in my bedroom which had leaked 26000 gallons over a 30 day period. I had a plumber come out that was dispatched through my home warranty. They came out and found the leak and were scheduled to come back out in a few days to repair it. My out of pocket was going to be $400 after the warranty co paid their max payout. I was talking to a neighbor who said my unit had some plumbing issues in the past, and that I should check with the HOA to see if they cover those repairs. I called the property management co, and explained the situation. I specifically asked if they cover this type of repair, or if I am liable. The property management couldn’t answer that question, but was told by the board president to have the HOA contracted plumber come out to fix it. Before they began the work, I again called the mgmt co to see who is responsible, and got no call back. I asked the workers who was paying, and they said the HOA is picking it up. At no time did I ever see any estimate or repair order, let alone sign anything.

Fast forward to this morning. The work has been completed, and the management co called me to say that I was responsible for the roughly $1100 bill to repair the leak. I contend that since they hired the plumber, they said they were paying for it, and my warranty won’t pay anything to this other plumber, they should foot the bill. Now I have to go to the board meeting tonight and fight them on this. Anyone have any suggestions?
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Old Sep 20, 2007 | 02:29 PM
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Originally Posted by nootch
Fast forward to this morning. The work has been completed, and the management co called me to say that I was responsible for the roughly $1100 bill to repair the leak. I contend that since they hired the plumber, they said they were paying for it, and my warranty won’t pay anything to this other plumber, they should foot the bill. Now I have to go to the board meeting tonight and fight them on this. Anyone have any suggestions?
Remember, your HOA board is likely made up of fellow residents and not employees of the property management company. I think you should still go to the board meeting and bring it up but I wouldn't expect them to have much influence in getting your situation resolved.

Are your property management company's offices within driving distance? If so, I'd go to their offices and speak with someone that's responsible for your development face to face. The obvious shitty part is that you'll have to take time off of work to do this.

From this point forward, I would do everything in writing. Don't count on phone calls for anything beyond arranging times or finding out names. If you go the PMC offices, have a simple letter prepared that states the basic facts you mentioned above and demand that they sign it to acknowledge that things transpired as you say they did.

I did this once when my PMC blew off three telephone requests to get a roof leak repaired that was dripping into the electric box of a live light fixture. I showed up with a letter that didn't accuse them of anything but simply stated the facts. Amazingly, the leak was repaired three days later.
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Old Sep 20, 2007 | 02:37 PM
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From: Scottsdale AZ
Originally Posted by Billiam
Remember, your HOA board is likely made up of fellow residents and not employees of the property management company. I think you should still go to the board meeting and bring it up but I wouldn't expect them to have much influence in getting your situation resolved.

Are your property management company's offices within driving distance? If so, I'd go to their offices and speak with someone that's responsible for your development face to face. The obvious shitty part is that you'll have to take time off of work to do this.

From this point forward, I would do everything in writing. Don't count on phone calls for anything beyond arranging times or finding out names. If you go the PMC offices, have a simple letter prepared that states the basic facts you mentioned above and demand that they sign it to acknowledge that things transpired as you say they did.

I did this once when my PMC blew off three telephone requests to get a roof leak repaired that was dripping into the electric box of a live light fixture. I showed up with a letter that didn't accuse them of anything but simply stated the facts. Amazingly, the leak was repaired three days later.
The property management co is the middle man, it is the HOA who sent out and hired the plumbers who did the repairs. They make the decisions, the mgmt co handles the accounting, and administrative duties. So it will come down to the HOA covering it or not covering it...
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Old Sep 20, 2007 | 02:51 PM
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if HOA is insisting you foot the whole Bill, tell them that they were the ones that called the plumber out and that your warranty does not cover this plumber. But at least offer to split the Bill. I know it sucks for you to pay, but it also sucks for HOA to pay too.

Win win sitaution or lose lose. Depending on how you see it.
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Old Sep 20, 2007 | 02:52 PM
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That's crap. So the HOA said they would cover the expenses, and then renigged on it?

I would have gotten it in writing. Tell them you phoned and got the OK for an HOA-approved plumber, and then they renigged on it.

I would be pissed.
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Old Sep 20, 2007 | 02:59 PM
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Nothing in writing = your screwed.
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Old Sep 20, 2007 | 03:06 PM
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Originally Posted by fuzzy02CLS
Nothing in writing = your screwed.
but they have nothing signed by me accepting financial responsibility from plumber... BTW, I didnt get it in writting because the time between me calling and them coming out was 2 hours, so there wasnt time to go to some office and get a signed paper...
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Old Sep 20, 2007 | 03:21 PM
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Sup nootch! If you still talk to Fbazakos?
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Old Sep 20, 2007 | 04:03 PM
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Originally Posted by eclipse23
Sup nootch! If you still talk to Fbazakos?
I was in MN over labor day visiting him. We are still good friends
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Old Sep 20, 2007 | 04:30 PM
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I don't know why you went to your HOA in the first place. Its your property, you do the repairs however you want as long as they are within the regulations. And even if it was a pre existing condition, they wouldnt be liable for it. Smack your home inspector in the head for that one, assuming you actually had a home inspection done before you bought it.

Did you get the plumbers name that told you the HOA was picking up the tab? Did you talk with the plumbing company about who authorized the work?
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Old Sep 20, 2007 | 04:54 PM
  #11  
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Originally Posted by joerockt
I don't know why you went to your HOA in the first place. Its your property, you do the repairs however you want as long as they are within the regulations. And even if it was a pre existing condition, they wouldnt be liable for it. Smack your home inspector in the head for that one, assuming you actually had a home inspection done before you bought it.

Did you get the plumbers name that told you the HOA was picking up the tab? Did you talk with the plumbing company about who authorized the work?
Because certain area's of the property are their responsibility. So why wouldnt I at least check to see if I can save myself $500?
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Old Sep 20, 2007 | 05:49 PM
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Originally Posted by nootch
Because certain area's of the property are their responsibility. So why wouldnt I at least check to see if I can save myself $500?
Do you live in a house with land or a condo? My HOA has no bearing on doing repairs to my private property. They only enforce the rules...
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Old Sep 20, 2007 | 05:52 PM
  #13  
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Originally Posted by joerockt
Do you live in a house with land or a condo? My HOA has no bearing on doing repairs to my private property. They only enforce the rules...
It is a townhouse. I share one wall with a neighbor. They take care of the pool and all of the common areas.
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Old Sep 20, 2007 | 06:34 PM
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you didnt call the plumber and you didnt sign anything. where's the proof they even did any work??
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Old Sep 20, 2007 | 06:47 PM
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Originally Posted by dallison
you didnt call the plumber and you didnt sign anything. where's the proof they even did any work??
While this is true, the HOA's out here have the ability to place leins on your property. They have way too much power IMO.
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Old Sep 21, 2007 | 07:47 AM
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So what happened?
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Old Sep 21, 2007 | 09:03 AM
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Originally Posted by fuzzy02CLS
Nothing in writing = your screwed.


Be prepared to go to court, lose and have to pay their legal expenses.
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Old Sep 21, 2007 | 10:55 AM
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I went to the meeting last night, and the President was pretty cool about it. We are waiting to get the bill from the new plumber and will go from there. I may have to chip in some cash, but he isn't going to try to stick it to me...
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Old Sep 21, 2007 | 11:49 AM
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Originally Posted by nootch
I went to the meeting last night, and the President was pretty cool about it. We are waiting to get the bill from the new plumber and will go from there. I may have to chip in some cash, but he isn't going to try to stick it to me...
Pray to the Tim Tebow Gods!
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