HOA sends New York condo owner $40k flooring repair bill for damage from work done before they bought the unit, claiming vague “environmental issues” make it the owner’s responsibility

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  • Man peeking through window blinds in a dark room, looking outside with a serious expression.
  • HOA says I’m responsible for $40k flooring damage from work done before I owned the condo by the HOA

    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.
  • Man wearing sunglasses and a brown shirt standing against a wall, looking straight ahead with a neutral expression.
  • 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 independen
  • 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
  • Zanctmao The answer to your third question is yes. That will result in answers to questions one and two.
  • OutlandishnessNo4112 Original Poster's Reply I also may put a claim in under my home insurance and see if they figth the hoa insurance
  • SailingSmitty What do your bylaws say about interior construction? Covering floor repairs is strange unless the damage stemmed from something that the HOA does cover (for example, a leak in an exterior wall). You may want to also ask r/HOA but only after you read and understand your bylaws.
  • OutlandishnessNo4112 Original Poster's Reply Thanks yes trying to get the by laws. It came from water damage from extneral issues which the secondary damage came from the building not being able to control humidity so it's very ambiguous. HOA is being very unhelpful as if they are asking for escalation
  • soanQy23 Yes, consult an attorney. The HOA is well in their right to say it's not their problem, that they paid. licensed contractors and you need to deal with the contractor. I'd say you would have to prove the HOA didn't properly remediate the water issue and knowingly chose an inadequate flooring contractor and/or flooring product. That's going to be a tough task. But also "at least 40k" for flooring in a condo sounds absurd, even in NYC.
  • OutlandishnessNo4112 Original Poster's Reply It's complicated as it was doing as per building standard floors and the HOA is being very hard to pin down as to what that means which makes me feel they know they have some responsibility for it. Anyway they are not providing documentation at present that I have requested so will see what happens
  • SailingSmitty How long ago did you purchase the condo? Was this a known issue on inspection or disclosed? You should have the bylaws in your closing documents. Once you've reviewed the bylaws, you should have a better sense of responsibility and can better evaluate options, including hiring a lawyer. $40k for flooring is hard to contextualize what does that - represent in cost per square foot? That'll give you a better sense on whether the price is reasonable or a "go away" quote from a vendor t
  • OutlandishnessNo4112 Original Poster's Reply Brazilian teak in a 1,200-square- foot apartment. It was installed by a high-end New York contractor who, to his credit, has provided excellent aftercare and is trying to resolve the issue. If I have to replace it, I will probably switch to PVC, or else just live with it and hope it is not flagged on inspection if I ever sell the place. That said, the floorboards are cracked throughout the apartment.
  • exerda Were you not given the bylaws as part of the purchase? I have only owned HOA covered properties twice, but the bylaws were included in the disclosures and closing package.
  • OutlandishnessNo4112 Original Poster's Reply I just asked the HOA for them but yes your correct I probably have them in my email. Its a big of a red flag to me there are being defensive instead of transparent. Again I am not sure how much skin the game of keeping costs as low as possible these HOA middle mangers have.
  • soanQy23 Yes, consult an attorney. The HOA is well in their right to say it's not their problem, that they paid. licensed contractors and you need to deal with the contractor. I'd say you would have to prove the HOA didn't properly remediate the water issue and knowingly chose an inadequate flooring contractor and/or flooring product. That's going to be a tough task. But also "at least 40k" for flooring in a condo sounds absurd, even in NYC.
  • OutlandishnessNo4112 Original Poster's Reply I did not pay for the 40k the HOA did they mandate brazilan teek - as there building standard floors SO Will see what they say. Was repaired due to it being building standard by the HOA before I moved in and became the legal owner.
  • Direct_Attention_602 I don't reallly know anything about this.... But I would assume If you have homeowners insurance you could probably ask them what they offer or advice?

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