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CC&R Violation leading to my ceiling collapse

I purchased a home in October 2020, and since December 2020 found the roof (that i was told was fixed) had several leaks. The HOA is responsible for the repair and replacement of the roof. I have sent them 7 requests to get my roof repaired and/or replaced. With no response. Now my ceiling has collapsed and still have not received a response. I sent them a certified letter to respond within 10days with no response, i sent a complaint t0o the BBB with no response. I am a type 1 insulin dependent diabetic and i fear mold is now present and could be effecting my health. The water is also coming out the light fixture and i also fear this could be an extreme fire hazard. I have worked my entire life and through all the hurdles in my life I was finally able to buy my own home and I am devastated this has occurred.
Expected Resolution 1. Roof Repaired or Replaced
2. Electrical inspected and fixed
3. Dry wall replaced
4. Repainting after repair
5. Mold inspection and fix
6. trusses inspected and repaired if ness
7. Insulation inspected and replaced.
8. Any other items affected by negligence fixed or replaced.

How do i proceed further?

2 Responses

  1. dennisl

    Kristen,
    I’m so tired of hearing this type of issue in Arizona. I’ve no idea why Arizona Condo associations have no idea relative to their responsibility to maintain and repair common property, as well as their liability to repair damages to individual units caused by their failure to properly maintain the common property. Do we have to have a condo collapse like Florida for associations to accept and act on their responsibilities. I don’t truly understand why there are so many issues like this in Arizona where the same condition in other states are treated totally differently. I suspect that the root of the problem lies with the advice provided by Arizona HOA attorneys advising board that if they ignore it it will go away and they will leave it to the homeowner to sue them to perform their responsibilities. Right now you only have two choices, Both will require that you read and understand the specific language in your CC&R’s relative to common property and the maintenance of common property. Then to submit either a petition to ADRE Arizona Department of Real Estate asking an Administrative law judge to force the association to comply with the CC&R’s and fix the roof and the damage those water leaks caused to your property including everything on your list. Or you can hire an attorney and sue the association in Superior court for their failure to maintain the common property and the damages caused to your unit based on that failure. You can also sue for punitive damages for refusing to comply with their obligations and for pain and suffering caused by the association actions and lack of action. This would include all temporary living expenses and all your legal expenses. Often hiring an attorney and writing the association informing them that they can either live up to their responsibilities to repair the common and the damage to your unit caused by their failure, including any temporary living arrangements or you will file suit against the association , asking for all those repairs and punitive damages and pain and suffering damages that will exceed 1 million dollars. That should get their attention and put a fire under their back side to address your issues.

    Dennis

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