Legal Question in Real Estate Law in Virginia

My Condominium association responsible for replacing my widows due to age and water leaking through the window has postponed the replacement for the past two years. The HOA is now telling me the repairs are not in the 2018 budget and for me to try again next year. The windows insulating property has leaked out with water and mold growing in between the panes of glass. I removed the carpet and there are water stains on the flooring on both exterior walls. The county inspected the damage and informed me it's a civil matter. I am putting my condo on the market ASAP and I don't have the luxury to wait another year for the HOA. Should I pay for the repairs so I can sell the condo and then take legal action against the HOA? If I do pay for the repairs upfront will that relinquish the HOA from their responsibility? Please Advise!

Asked on 11/09/18, 5:46 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

No, your merely paying for these "repairs upfront" will not in and of itself compromise your claim

nor your right to seek appropriate reimbursement later from the HOA for these expenditures.

Tel. (703) 838-5577

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Answered on 11/10/18, 7:41 am

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