I've had it up to here...

I am a late 20-something-year-old who made my first home purchase in 2002. I bought a condo in South DeKalb County not far from Stonecrest Mall. It had been foreclosed on, and I got it at what I thought was a good deal. The BOD at the time did not allow me to see the bylaws until the condo was mine. And being a new homeowner, I didn't do as much research as I now see I should have.

To make a long story short, these condos had evidently been mismanaged and fallen into extreme disrepair. The roof condition was awful. A major leak started in the master bedroom which soon spread to the guest bedroom. The homeowners' association would just patch the roof, which would leak again in a couple of weeks. This continued for several months. The neighbor below my unit asked me if I had a leak in my closet. I did not know that in my closet, water had leaked into the wall and caused a major mold problem that had spread to the unit downstairs. I soon obtained a lawyer when it was clear the HOA had no intention of replacing the roof and making inside repairs of the damage the ongoing leaks caused. They cited that too many units were rented and not owned, and that there were several owners who had not paid HOA dues in upwards of 10 years(!), leaving the HOA with no money. I attended one meeting where the owners voiced their concerns to the HOA representative. When a female tenant rose to speak about some of the unresolved problems, the rep got up and tried to manhandle her. I was flabbergasted.

My lawyer said the HOA was in breach of contract, neglecting to properly care for one of the common areas, the roofs. Their neglect of the roofs and subsequent damage of the unit's interior made it their responsibility to fix. Finally the HOA president sent 3 contractors to inspect my unit and present an estimate of damage. The first estimate was about $3500. When the mold was found, it went up to $6000. After that, I heard no more from the HOA. A little while later, my lawyer said the HOA up and ran and a new HOA had taken its place, whose policy was to do no inside repairs at all. My mother called one of the contractors who'd surveyed the damage. He said he was told the work order for my inside repairs had been approved by the first HOA, but that he was released after being told someone else would be contracted to do the work. Evidently they just moved him out of the way instead of telling him they would not do any work on my unit at all. I was angry and hurt beyond words. I could not afford to keep the lawyer; he said I would most likely win my case but would probably never see a penny of the winnings.

It has been about two years and the leaks are still continuing. The annual meeting is this week, and we've already gotten letters saying that in 2007 our dues are going up substantially and our amenities are going down-- no pool (which had already been closed for 2006), no cable, no landscaping except for the grass and other ridiculous things. I cannot believe these folks can legally (or that's what they are trying to make us believe) just sit by and allow things like heavy mold and extreme leaky roofs exist for years and still say they will not fix the problem beyond patching the roofs. Even if I did cough up the money to do interior repairs like they tell me to do, the roof is still leaking, so the new drywall would be damaged again with the next rainfall.

It is so unfair!! It is not only a cosmetic issue but a health one as well. The walls and carpet have been thoroughly soaked and drywall has slid and peeled off. The mold is still in my closet. It's the first thing I see in the morning and the last thing I see at night. Most of the buildings out here have severe problems like mine. The HOA should have to pay for the damage, and there should be some legislation that protects condo owners from stuff like this. I want so badly to call one of the investigative reporters from the local news station to confront them and perhaps the publicity will shame them into making the repairs. Or they might up and leave like the previous HOA did with impunity. I am at my wits' end and have no clue what to do. I can't sell this place. Who will buy it despite most of the interior walls and carpet damaged from a still ongoing leak problem?? Is there no redress for us at all??

I apologize for the length of this post, but thanks for listening. It will take lots of prayer to keep my peace at this upcoming meeting....

LadiW

Edited by LadiW (10/23/06 04:00 AM)

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