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    HOA liability

    Asked Apr 24, 2007, 03:00 PM 2 Answers
    I am a tenant in a condo owned by someone else. The community is run by an HOA. I understand that they have responisbility for all common areas including the covered parking spaces provided to the occupants of the condos.

    I recently sustained considerable damage ($2400) to the bumper on my car. This damage was the result of the rebar that holds the concrete parking blocks in place at the front of the parking space. The parking lot was resurfaced recently and the parking blocks had been moved. The bottom line is that the rebar placed at both ends of the concrete block were not pounded back as they should have been. In my case the rebar was sticking up about two inches above the concrete.

    I filed a small claim against the HOA. I got their initial response today. They say that since I am a renter I have no rights and if I want to be compensated for the damage to my car I need to take it up with the individual I rent from.

    So, my question is this. Is the HOA responsible for this situation or not?

    Jim Graves

    Last edited by bexaminer; Apr 24, 2007 at 03:04 PM. Reason: Add an additional word
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    excon's Avatar
    excon Posts: 21,436, Reputation: 2985
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    #2

    Apr 24, 2007, 03:16 PM
    Hello bex:

    If the condo happened to be an apartment complex, would you have no rights?? Of course, you would. Who owns the building has nothing to do with their liability.

    excon
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    landlord advocate's Avatar
    landlord advocate Posts: 283, Reputation: 36
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    #3

    Apr 26, 2007, 07:20 AM
    I would refile the small claims case. The defendants should be the home owner's association, the owner of the condo and the construction company hired to replace the concrete blocks. If you have renter's insurance or car insurance I would be checking in that direction as well. Whether you are an owner, a visitor or a tenant makes no difference. The HOA is hoping their letter will make you go away. Don't.
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