QUESTION
Who is responsible for outside repairs to my condo that is covered in the contract / master deed when I purchased this condo.
Asked on Feb 16th, 2016 on Breach of Contract - Tennessee
More details to this question:
Specific repairs that are currently over one year requested and unfulfilled, are supposed to be completed via the HOA, however, HOA claim everyone is not paying their monthly fees so, I'm left to suffer although, I pay mine. My contract with HOA is a sole contract between myself and HOA and should not be contingent upon what other tenants are paying or failing to pay. Do I have legal standing to sue for breach of contract?
1 ANSWER
If the HOA bylaws provide that the HOA is to pay for the repairs, then the HOA is responsbile for the repairs. However, if there is no money to pay for the repairs, then it can not be compelled to pay for it if there is no money. You need to read the HOA bylaws and see if it says anything about repairs and time. When you purchased your home and became part of the HOA, you tied yourself to the other homeowners and the payment of their HOA fees to keep up the common areas and repairs. It sounds like your HOA needs to start enforcing the payment of HOA fees.
Answered on Feb 16th, 2016 at 12:04 PM