QUESTION

Can I sue my HOA for not installing the windows I purchased.

Asked on Mar 21st, 2017 on Real Estate - California
More details to this question:
We purchased windows in April 2015. The HOA has delayed construction and has had the windows. Now they want to charge us 2,000 more to get the windows installed. This is not the contract we signed.
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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There is clearly a lot more to the story. I have never seen a situation where the homeowner buys the windows and the HOA installs them. Windows get replaced rarely. If they need to be replaced, it is usually either the unit owner's responsibility or the HOA's, not both. The first thing your attorney will need to do is review the contract, any change orders or amendments, and all the correspondence and emails leading up to the contract and after the contract, and listen to your version of what has happpened. Too often lawyers find that the written contract does not accurately represent the understanding of the parties. So it is not just a matter of reading the contract.  The lawyer will also want to review your CC&Rs, any amendments, and any Rules the HOA has adopted. If a letter and a phone call to the HOA don't work, your CC&Rs provide a grievance procedure. If they don't, then they need updating. The Davis Sterling Act requires such procedures. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack
Answered on Mar 22nd, 2017 at 10:32 AM

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