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  1. #1
    Join Date
    Mar 2008
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    10

    Default HOA Responsibility for Leaking Basements

    My question involves a condominium located in the State of: Michigan

    We have serious basement water leakage issues in our condo complex. The HOA makes every effort to resolve these issues. Some of the homeowners insist that their repairs be made externally, although that is usually more costly. Does the HOA have the right to insist that repairs be made internally? My question is what legally IS the responsibility of the HOA. If repairs were made externally to every unit having a problem, it would bankrupt the association.

    I have discussed basement leaking issues with many, many waterproofing companies and they all feel THEIR product is the best. So, in my opinion, WHO KNOWS? The Association can financially address the leakage problems if the repairs are done internally, but not externally. I'm trying to find out legally where the HOA's responsibility ends.

    Our complex is located next to a flood plane and I don't believe that ANY method will permanently get rid of the water leakage problem in this area. Most of the co-owners have finished basements and are totally frustrated.

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: HOA Responsibility for Leaking Basements

    Quote Quoting Marilyn803
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    Some of the homeowners insist that their repairs be made externally, although that is usually more costly. Does the HOA have the right to insist that repairs be made internally?
    What does the contract say? Is the HOA prepared to repair any cosmetic damages in return for getting access to make the repairs internally?
    Quote Quoting Marilyn803
    My question is what legally IS the responsibility of the HOA.
    Their responsibility is defined by contract.
    Quote Quoting Marilyn803
    If repairs were made externally to every unit having a problem, it would bankrupt the association.
    That happens sometimes. What does the contract say about special assessments? Has the HOA explored with a lawyer the possibility of a negligence claim against the builder, assuming it's not too late?

  3. #3
    Join Date
    Mar 2008
    Posts
    10

    Default Re: HOA Responsibility for Leaking Basements

    It is way too late to go back on the builder...the units are out of warranty.

    As far as cosmetics....if your basement is finished, you have to pay to put it back together yourself...i.e. drywall, carpeting, etc.

    I've had lots of water in my finished basement myself, so I am not immune to the frustration. I have not put my own basement back together because I am frightened it will happen again.

    I think that each leak has to be evaluated individually and a determination made by the board as to what is the best way to prevent the problem from recurring. Sometimes it's going to be from the inside, sometimes from the outside, sometimes both; I don't believe the homeowner is educated enough to make a demand/decision of any kind, unless they've done the extensive research I have done.

    But again, I don't know what the legal responsibility is and I don't know what legal influence the co-owner has.

  4. #4

    Default Re: HOA Responsibility for Leaking Basements

    My layman's advice would be for you to take a copy of your homeowners' association documents to an engineer. If this is happening to a number of owners the other owners should be willing to help pay to get this professional advice. The engineer should be able to tell you where the leakage is starting from.

    It may also be necessary for you to take the documents to an outside attorney and have the attorney look over your association's documents, especially the articles of incorporation. But I would start with an engineer because that may be all that is needed. Understandably the association is loathe is pay out large sums of money on everyone's property but sometimes it has to be done and if you can prove that the leakage is from the outside then they would appear to have to choice.

    I'm not an engineer and I'm not an attorney, but because a number of you are experiencing the same problem, it sounds to me logical that the leakage would originate from outside the homes and not from inside.

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