Question:
Hello,
There was a water leak in my condo generated by a contractor and led to water damage in the building’s common areas. My insurance company claims I’m not liable but nevertheless my HOA company posted a damage assessment charge on my landlord portal without a judgement against me. In addition, my HOA says that if I fail to make payment they will start charging me 10% interest per year. Are they allowed to do that?
How do I protect myself please?
– Alex
Answer:
Hi Alex,
According to the Georgia Condominium Act Section 44-3-80(b)(2): “Any other common expenses occasioned by the conduct of less than all of those entitled to occupy all of the units or by the licensees or invitees of any such unit or units shall be specially assessed against the condominium unit or units, the conduct of any occupant, licensee, or invitee of which occasioned any such common expenses”
This may mean that, to the extent the governing documents provide, you are responsible for paying for the common expenses levied by the association if you are responsible for causing the damage. However, since the insurance company says you are not liable, you may raise this with your HOA board. As for the interest rate charged, the governing documents may indicate how much the HOA can charge. For further assistance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
