QUESTION

After the HOA forced us to make repairs to common area (blaming our dogs), it turned out to be their fault. Should they reimburse us for the repair?

Asked on Jul 26th, 2012 on Residential Real Estate - New Jersey
More details to this question:
The HOA blamed the holes behind our unit (which is common area) on our dogs, stating it was due to their urine. Admittedly, they have urinated out there so we spent $80 on sod to repair the entire area. Then, they started to blame us for the unit next to us. Then, it dawned on us...the holes were being caused by over-exposure to sun and lack of water. We informed them that the damage behind the other unit could not possibly be our dogs and we felt that there must have been an issue with the sprinklers. They have since fixed the sprinklers and the grass behind both units looks fantastic. We also feel that if the sprinklers would have worked the whole time, then the spots that our dogs did create, wouldn''t have occurred to begin with. Is the association now responsible to reimburse us for the money we spent to do the repair?
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
You probably could appeal to the HOA to get your money back, but because its not a lot of money, its not worth fighting over.  You could also suggest to the HOA that they need to repay you and if they do not, that you will deduct that amount from the HOA fees that you owe.  
Answered on Jul 28th, 2012 at 1:44 PM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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