Fort Worth, TX asked in Real Estate Law

Q: MY HOA IS CHARGING FOR COPIES OF CCR'S, HOA DECLARATIONS,RULES AND REGULATIONS ETC. IS THIS LEGAL?

THE GUTTERS WERE OVER FLOWING ONTO MY BALCONY AND INTO MY CEILING. NOW, THE CEILING AND WALLS MUST BE TORN OUT AND THERE IS ASBESTOS SO IT IS A BIG DEAL. HOA SAYS DESPITE THE GUTTERS IT IS MY RESPONSIBILITY BECAUSE BALCONY LEAKED. I CANNOT BELIEVE THIS? The balcony did not leak prior

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1 Lawyer Answer
Peter J. Weinman
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Answered

A: I am confused by your question and the subject line. Let us know if I have pieced this together correctly:

1. There's a dispute over who's responsible for the ceiling (and asbestos).

2. You want to check the rules but you cannot locate your copy of the governing documents.

3. The HOA wants to charge you to replace the governing documents.

From my NY perspective, it is legal for the HOA to charge you for copies of the governing documents. When you purchased the property, after your attorney finished her review of those documents, she should have turned them over to you for safe keeping. If you lost them, they have a right to charge - and (again, from my NY perspective), $500 is not uncommon.

The bigger issue is the damage, though, and I would suggest you file a claim with your insurance company. Let them repair the damage and then determine whether it's your problem. And, if it's the HOA's problem, let them go after the HOA.

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