Who Is Responsible for Wall Repairs in Townhomes?

Question:

Hello. Do you guys offer free consultations? I live in Longwood, FL 32750. Im trying to see if its worth suing my HOA. Basically I live in a townhome and had water coming into my home when it rains heavy from the bottom of my baseboards. I had 2 inspectors stop by and they mentioned to me that its not a foundation issue but stucco repair needs to be done to fill the cracks. I reported this to my HOA and they told me they are not responsible for the exterior wall and they claim its a foundation issue. Now Im not sure if HOA is supposed to repair exterior walls or if I am indeed responsible. So I was looking to see what my best options are,, if i should just pay the exterior damage myself or sue them

– Tommy

 

Answer:

Hi Tommy,

To know what your HOA is responsible for repairing/maintaining, it is important to check your governing documents. Your governing documents typically define which portions of the townhome are general common elements, limited common elements, and exclusive common elements. They will also let you know who is responsible for repairing or maintaining each type of common element. If you wish to sue your HOA, it is best to consult a lawyer.

 

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

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