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Condo Owner's Rights to Question HOA Board's Decision on Their Legal Action vs Me

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  • 03-05-2011, 02:35 PM
    vacasey
    Condo Owner's Rights to Question HOA Board's Decision on Their Legal Action vs Me
    My question involves a condominium located in the State of: DE

    I had minor water damage inside my ground level condo unit. I first placed a claim with my homeowner's insurance company which denied the claim--saying that the source of this water was from my building's exterior and therefore the HOA's responsibilty. Before I file a small claims suit against the HOA, the board's attorney is asking me to settle out of court.

    Soon I hope to hear back from the HOA's attorney and their decision about (1) covering the monetary damages to my unit's interior and (2) correcting this problem with the building and common area adjacent to my unit.

    QUESTIONS: Does the HOA Board/Board attorney have a right to deny answering any of my questions regarding their written decision in my case?

    If this HOA Board only agrees to pay my damages and NOT agree to correct this water seepage into my unit in the future, what would be my next course of action? (Note: Our condo by-laws clearly state that the HOA is responsible for the maintenance and safety of all common areas.)

    Thank You!
  • 03-07-2011, 08:43 PM
    Mr. Knowitall
    Re: Condo Owner's Rights to Question HOA Board's Decision on Their Legal Action vs Me
    Unless you're in court such that you can compel answers to discovery or testimony, the HOA can decline to share information with you and has no obligation to explain its decision beyond what is provided in the bylaws.

    If the HOA won't fulfill its maintenance duties, you can consider hiring a lawyer to send them a letter demanding correction and, if that doesn't work, to file a lawsuit.
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