Question:
On 6/27/2016, at 4517 W. Harvest Sun Ln. South Jordan, Utah, the basement window well fills up with water, owners notifies FCS Community Management. O 6/29/2016 FCS states: “The landscaper are working on repairs to the sprinkler system around the window well.” FCS Community Management facilitates vendor maintenance for the association and assists when emergency issues are reported.
Unbenonsued to me I finished my basement however water continued to leak into the basement window and caused damage to the flooring, drywall, and potentially the foundation because FCS Community Management / TownHome 1 Owners Association did not complete the proper repairs.
On 3/23/23 I filed a claim with my insurance company due to a leak in the upstairs toilet that flooded the main floor and basement. The HOA approved the claim & The HOA’s insurance paid the claim on 5/30/2023, In addition to the restoration bill from Utah Property Solutions for the original Restoration.
Adjuster Todd Coleman with Auto-Owners Insurance and Mr. Michael Beckwith of Surety have both advised that the repairs be expedited at the last board meeting back on 4/26/2023 as a whole to prevent further water intrusion to the property and cause further damage to property
As of 7/26/2023, No repairs have been completed. I contacted The Property manager Joseph Trevithick who acted confused and even sent an email out that didn’t coincide with the current situation. Since the Loss back on 3/23/23, The Property Manager, Daybreak TownHome 1 Owners Association(HOA), and FCS Community Management were all emailed multiple times in detail without response.
My Home is currently uninhabitable due to the incompetence of the Townhome 1 Owners Association(HOA) & FCS Community Management and I am seeking immediate relief.
– Joshua
Answer:
Hi Joshua,
According to the Utah Community Association Act Section 57-8a-224(2), the association is liable to repair, maintain, and replace common areas, including the sprinkler system. Kindly raise the concern with your HOA board or HOA management company by exhausting all channels of physical and electronic communication. If that does not work, you may also opt to change HOA management companies and raise this concern with the board or at a board meeting.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
