Recourse for Living Expenses Due to a Burned Condo in Texas

Question:

My condo burned and hoa is responsible for most of damage. It has been 8 months and no work has started. What recourse do I have for living expenses. I have capped out of my own policy and feel this is a crime towards me.
Thank you

– Dawn

 

Answer:

Hi Dawn,

Kindly verify whether the association is indeed responsible for the repairs. If the condo was created after January 1, 1994, it is subject to the Texas Uniform Condominium Act Section 82.107(a) which states that the association is responsible for the upkeep of the common areas while unit owners are responsible for their property unless otherwise specified in the declaration. Kindly review the details of the situation and the governing documents to verify this.

If they are responsible, speak with the HOA board to follow up on the repairs. Exhaust all forms of communication and attend a board meeting to raise the issue. If they do not help, you may opt to remove the problem board member(s).

Unfortunately, there seems to be no provision in the Texas Uniform Condominium Act or the Texas Condominium Act (for condos created before January 1, 1994) that specifically addresses the unit owner’s living expenses incurred during repairs.

For further guidance, kindly consult a lawyer.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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