Help me analyze this before i dispute it

[Transition]

Ok here's the situation.

I bought a townhouse and my closing was to occur September 10th. During my inspection we noted some of the siding on the house had been damaged due to the previous owner putting a grill too close. The result is some warped siding. On August 30th the homeowner wrote the townhome association a letter stating since they provide exterior insurance, they are to repair the damage. Now, the association does nothing about this. October 10th rolls around and i get a bill for $81 for siding damage - i go outside and look to see if the siding has been repaired and it hasn't - still warped like it was before. So, i ask the association whats going on. A month later they tell me someone 'incorrectly' wrote the invoice and it was only supposed to be $81 for the service call itself - just for coming out to the house. So i said BS, i never requested the work, this wasn't my deal so i'm not going to pay for it. They agree to this. Off the hook for $81. Now today i get a e-mail back from the association telling me i'm responsible for $250 in repairs to get that siding fixed, and that since the damage was the result of negligence they will not cover it - understandable. They tell me if i don't want to pay the $250 i should contact the previous homeowners and have them take care of it - no fvcking way!

So here's my situation - the previous homeowners requested this work to be done before i ever took posession of this house. The association sat on this notice for two months and now wants to slap me a bill for $250 on repairs that i never caused, or requested to be fixed.

I now have to take this situation to the association board and dispute it with them. If that fails i'm taking them to small claims. Do you guys agree with me that i should NOT be responsible for the $250 of repairs that someone else requested when i didn't even have posession of the house?

Cliffnotes: Read the post.

 

[Papagayo]

I agree with you.. Get a gun..

 

[Transition]

Originally posted by: Papagayo
I agree with you.. Get a gun..

I have an AK-47 and an M9 pistol.

 

[Nebor]

Burn the whole complex down.

 

[HardcoreRobot]

man homeowners associations got suck

 

[Garet Jax]

Depends. HOA is not responsible for it whatsoever. So taking them to small claims is pointless. The insurance will not pay for it since negligence caused the problem. Assuming the HOA charter says that the work needs to be done, do the work and do not screw with HOA. They have far more power than most people realize and can use it to enforce the charter.

The real question is who is responsible for the repairs you or the previous home owner. There seems to be no question as to who caused the damage. However, if you did not include the repair as a requirement of the sale of the house, then you might have to suck up the cost.

 

[Transition]

Originally posted by: Garet Jax
Depends. HOA is not responsible for it whatsoever. So taking them to small claims is pointless. The insurance will not pay for it since negligence caused the problem. Assuming the HOA charter says that the work needs to be done, do the work and do not screw with HOA. They have far more power than most people realize and can use it to enforce the charter.

The real question is who is responsible for the repairs you or the previous home owner. There seems to be no question as to who caused the damage. However, if you did not include the repair as a requirement of the sale of the house, then you might have to suck up the cost.

But the fact is they sat on the repair request from the previous owner and did nothing about it for over 2 months - they should be dealing with the person who requested the work. Am i wrong?

 

[EagleKeeper]

The HOA is out of the picture. This is a dispute between you and the previous owner.

If he requested the work to be done, then he is responsible for the bill.
He can take it up with the HOA if he has something indicating that they are responsible.

 

[woowoo]

What does your sales contract say?
Did you escrow funds for repair?
If not it's yours now......

 

[OutHouse]

Originally posted by: EagleKeeper
The HOA is out of the picture. This is a dispute between you and the previous owner.

If he requested the work to be done, then he is responsible for the bill.
He can take it up with the HOA if he has something indicating that they are responsible.

ding ding ding!!!

yip eagle is correct. you pay the bill then sue the former owner in smalls claims court.

 

[Transition]

Originally posted by: Citrix

Originally posted by: EagleKeeper
The HOA is out of the picture. This is a dispute between you and the previous owner.

If he requested the work to be done, then he is responsible for the bill.
He can take it up with the HOA if he has something indicating that they are responsible.

ding ding ding!!!

yip eagle is correct. you pay the bill then sue the former owner in smalls claims court.

Interesting. Thanks for the insight on the situation guys.

 

[DBL]

I think the real question is why your lawyer let you close w/o this issue resolved. It could have easily been resolved at the closing by having the original homeowner cut a check or have it taken out of the purchase price.

 

[NutBucket]

Seems to me its a question of who requested it be fixed. They authorized the work without informing you that you would be responsible for the bill. That's crap. If it was me I would have fixed it myself if they wouldn't fix it.

 

[ATLien247]

Has it already been fixed? If not, is the HOA requiring that it be fixed?

 

[Transition]

The work has not yet been fixed. It sounds like the HOA is requiring it to be fixed, but i left a voice mail to postpone the repair work until the issue can be resolved.

 

[Transition]

Originally posted by: DBL
I think the real question is why your lawyer let you close w/o this issue resolved. It could have easily been resolved at the closing by having the original homeowner cut a check or have it taken out of the purchase price.

Lawyer? Sorry, i didn't hire a lawyer when i bought the house. I'll chalk this one up to my own ignorance and a crappy real estate agent. I was a first time buyer.

 

[MisterJackson]

***NOT CONDONING INSURANCE FRAUD***

Burn it down!!!

***NOT CONDONING INSURANCE FRAUD***

 

[JulesMaximus]

You're screwed. It's your house now, you have to suck it up and pay for it. You should have made it a contingency of buying the home that the previous owner fix it but since you didn't you are screwed.

 

[DBL]

Originally posted by: Transition

Originally posted by: DBL
I think the real question is why your lawyer let you close w/o this issue resolved. It could have easily been resolved at the closing by having the original homeowner cut a check or have it taken out of the purchase price.

Lawyer? Sorry, i didn't hire a lawyer when i bought the house. I'll chalk this one up to my own ignorance and a crappy real estate agent. I was a first time buyer.

Well, you don't need one in a lot of states. Here in NY, it's highly recommended. Either way, since it sounds like you didn't resolve the issue before you took possession, you may be screwed. However, like others have mentioned, the small claims route may work.

Regardless of what you decide to do, I would ask the HOA to sign a letter stating that the damage was observed before you took possession of the house. That should help you case a bit.

 

[MidasKnight]

Originally posted by: JulesMaximus
You're screwed. It's your house now, you have to suck it up and pay for it. You should have made it a contingency of buying the home that the previous owner fix it but since you didn't you are screwed.

What he said.

 

[Injury]

Why the hell SHOULD you be responsible for damage that occurred prior to your residency that you took note of when the previous owner ALREADY requested the work.

You tell them to take this bill and shove it up their ass, or show them where you signed to have this work done.

 

[GasX]

Originally posted by: Nebor
Burn the whole complex down.

And make sure you get your red stapler back!

 

[everman]

You should have made some agreement with the previous owner for them to make repairs before escrow closes. Now it's your problem.

 

[alent1234]

Originally posted by: Injury
Why the hell SHOULD you be responsible for damage that occurred prior to your residency that you took note of when the previous owner ALREADY requested the work.

You tell them to take this bill and shove it up their ass, or show them where you signed to have this work done.

most HOA charters specify a minimum standard of how the building is supposed to look on the outside. The damage was negligence on the previous owner's part and the HOA sitting on it was probably a mistake. Either way OP is probably on the line for the repairs.

To be sure he will need to read his bylaws and know a little about local RE laws. I personally think he is going to have to pay for this and he will have no case against the previous owner since he took possesion of the home. Most contracts say AS IS.

If you buy a home, get a lawyer. Don't trust your RE agent or the title company. Your lawyer will work for your interests, everyone else for theirs.

 

[Albis]

don't pay!! fight the system!