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Title: Hoa Says I’m Responsible For $40k Flooring Damage From Work Done Before I Owned The Condo By The Hoa

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I’m looking for advice on whether this sounds like the HOA trying to shift liability and whether I should involve a lawyer now.

I own a condo, and the hardwood floors now have widespread cracking and lifting affecting about 50% of the boards. Estimated repair cost is at least $40k.

The key issue is that these floors were installed before I became the legal owner of the unit. My understanding is that there had been water damage involving the previous owner, and the flooring replacement was organized through the HOA management company. The floors are also considered “building standard.” I did not choose the flooring, hire the contractor, supervise the work, or own the unit when the installation happened.

A flooring inspector’s report apparently says the damage is “environmental due to secondary issues,” and the HOA is now saying this is an issue between me and the contractor. That seems questionable to me, especially because both the contractor and the building superintendent had previously indicated that the issue was HOA responsibility. The HOA is also trying to blame cold weather conditions from before I even owned the property.

I’ve now sent a formal email asking for:

  • the full inspection report
  • moisture readings and supporting measurements
  • contractor/install records
  • acclimation and warranty documentation
  • HOA bylaws and renovation policies
  • documentation showing this really was “building standard”
  • whether similar issues happened in other units
  • whether the HOA is formally taking the position that I’m responsible, and under what bylaw

I also asked them to preserve records and said I may obtain an independent inspection.

My questions are:

  1. If the floors were installed before closing, arranged by HOA management, and are considered building standard, does that make this more likely to be an HOA issue than mine?
  2. Does vague language like “environmental due to secondary issues” actually establish owner responsibility?
  3. At this point, is it worth getting a condo/real estate lawyer for a flat-fee consult .

Location: Your Location: New York

submitted by /u/OutlandishnessNo4112
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