Hayward, CA asked in Consumer Law, Real Estate Law and Arbitration / Mediation Law for California

Q: HOA director has retracted of email agreement of repair.HOA lawyer has steped in and claimed HOA overpromised Do I SUE?

Just purchased a condo 5/2017.

My unit was affected by a water leak from neighbor negligence in reporting to HOA.

Wall was damaged, Mold treatment was needed.Listing agent offered to pay.HOA director didn't allow it nor would call the hoas insurance.Few weeks later finally the hoa insurance cut the check for repairs.

Mold treatment completed and wall repaired.Original carpet floor is not wanted,HOA director accepted my offer/request for laminate at same carpet repair budget.HOA dir.agreed ,original Contractor doesn't do carpet.HOA dir.asked me to submit a new contractors estimate, I did.Now, HOA LAWYER stepped in asking to Not communicate with HOA director but Her only about this issue , they are RETRACTING ,apparently HOA director over promised.Laminate instead of original carpet not OK under CC & R.

But I have written proof of HOA director saying our HOA insurance would pay for the laminate at the same budget as original carpet.PLEASE HELP!

CAN I SUE?

1 Lawyer Answer
Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in California

A: It's key to have a lawyer review the related HOA contract and communications. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.