Brentwood, TN asked in Real Estate Law, Landlord - Tenant and Municipal Law for Tennessee

Q: How do I force the HOA management company to do repairs on common elements for my condo?

This is in Knoxville. One side fence was damaged badly by the next door tree limbs, and the back yard concrete patio has been severely cracked by tree roots and must be removed and replaced. Also, one section of the back yard fence is missing altogether - it was missing when we bought the condo for our son, and must be added now that he has died and we are selling the place.

The HOA management company is not responding to my requests for repairs and we are unsure of how to proceed. There is no active HOA for this property- it apparently was shut down in 2017 or thereabouts and this management company has been in control for at least the last 5 years. They do no maintenance beyond having the grass and bushes trimmed and although they promised verbally on a phone call to take care of issues with our property, they’ve done nothing except pressure wash the driveways and have the back yard trees trimmed. I have sent emails to the broker and managers at the company with no response.

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