I'm notn sure anyone specializes in suing HOAs, but I have experience dealing with them and know that area of law.
A lawsuit takes at least a year. Even arbitration could take months. Most legal remedies involve paying money as compensation. You should do the repairs, document the defects and damage and the causes of the damage and the repairs required and the work done and the costs of that work, thoroughly. Lots of pictures. Lots of written descriptions to go with the pictures. And then tender the claim to the HOA and its insurance company.
The CC&Rs for HOAs include an internal grievance procedure and require mediation. Most also require arbitration or judicial reference in lieu of a court trial. You could try using the internal grievance procedure, but even if you persuaced the HOA to take responsibility, you would lose control of the timing and quality of the repairs. Do the work and bill them for it.
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 31st, 2017 at 10:35 AM