How to take condo homeowners association to small claims court -- Austin
April 8, 2013 9:27 PM Subscribe
Austin Texas -- Condo homeowners assn / mgt company trying to hose me for $185.xx for repair of external fixture, a fixture that was defective when installed two years ago. Can I take these people to small claims court? What is the process involved in doing so?
Over two years ago, the board at my condo complex voted to install new external fluorescent light fixtures outside the door of each individual condo. Seemed/seems a huge waste of money to me, could have just changed to fluorescent bulbs @ a buck a pop, but whatever. They are attractive fixtures, it did dress up the condo complex. Sweet.
Except the fixture outside my condo door only worked intermittently, and mostly not. I've been trying to get it repaired through the management company our condo has contracted with for years, I've got emails going back two years -- Please fix my light, pretty please fix my light, come on come on, fix my light. Nothing. I'm out nights a lot, night rides on that bicycle, come home night after night with no light, really annoying. But hey, I'm patient. Too much so probably, but whatever. A nuisance but life is large, this is small.
Two months ago, I took the glass part (called a lens) off the fixture, hoping to wiggle the light bulb around inside the fixture, hoping something might happen -- nope. I put the lens back on, went about my life. I don't know that I didn't put it on correctly -- I'm assuming I didn't but I do not know this -- but either way, it fell off, the glass broke. I didn't even bother to call it in to the property management, honestly figured to just go and steal a lens off some other poor bastards unit, but that's not fair nor right or whatever.
Apparently, seeing the lens off finally got the attn of the board or property mgt or whatever, some electrician shows up to fix it, goes away, comes back two weeks later and fixes my light -- magic! Sweet. I'm so happy. And he put a new lens on it. I'm so glad that they finally took care of the problem.
I got a bill for 184.xx for repairing the lamp. I'm so goddamned angry, as you might imagine. I sent email asking property mgt guy wtf, he gave me some song and dance about the board deciding that it's so expensive to repair these piece of shit fixtures that they are putting it onto the owner of the unit.
These people can give me all kinds of baloney if I don't pay them -- the assn rules are written broadly, giving them power to hose their neighbors.
Can I take this to small claims court? What is the process involved? Board meeting later this week, I'm going to try to resolve it there but want to know what's next.
Over two years ago, the board at my condo complex voted to install new external fluorescent light fixtures outside the door of each individual condo. Seemed/seems a huge waste of money to me, could have just changed to fluorescent bulbs @ a buck a pop, but whatever. They are attractive fixtures, it did dress up the condo complex. Sweet.
Except the fixture outside my condo door only worked intermittently, and mostly not. I've been trying to get it repaired through the management company our condo has contracted with for years, I've got emails going back two years -- Please fix my light, pretty please fix my light, come on come on, fix my light. Nothing. I'm out nights a lot, night rides on that bicycle, come home night after night with no light, really annoying. But hey, I'm patient. Too much so probably, but whatever. A nuisance but life is large, this is small.
Two months ago, I took the glass part (called a lens) off the fixture, hoping to wiggle the light bulb around inside the fixture, hoping something might happen -- nope. I put the lens back on, went about my life. I don't know that I didn't put it on correctly -- I'm assuming I didn't but I do not know this -- but either way, it fell off, the glass broke. I didn't even bother to call it in to the property management, honestly figured to just go and steal a lens off some other poor bastards unit, but that's not fair nor right or whatever.
Apparently, seeing the lens off finally got the attn of the board or property mgt or whatever, some electrician shows up to fix it, goes away, comes back two weeks later and fixes my light -- magic! Sweet. I'm so happy. And he put a new lens on it. I'm so glad that they finally took care of the problem.
I got a bill for 184.xx for repairing the lamp. I'm so goddamned angry, as you might imagine. I sent email asking property mgt guy wtf, he gave me some song and dance about the board deciding that it's so expensive to repair these piece of shit fixtures that they are putting it onto the owner of the unit.
These people can give me all kinds of baloney if I don't pay them -- the assn rules are written broadly, giving them power to hose their neighbors.
Can I take this to small claims court? What is the process involved? Board meeting later this week, I'm going to try to resolve it there but want to know what's next.
IANAL, TINLA.
The first thing you need to determine is, is that light fixture considered part of your personal unit or is it part of the condo's common property? If it's part of your unit, you're probably SOL; if it's common property, you might have a chance.
posted by easily confused at 2:35 AM on April 9, 2013
The first thing you need to determine is, is that light fixture considered part of your personal unit or is it part of the condo's common property? If it's part of your unit, you're probably SOL; if it's common property, you might have a chance.
posted by easily confused at 2:35 AM on April 9, 2013
I got a bill for 184.xx for repairing the lamp. I'm so goddamned angry, as you might imagine.
I can't imagine, actually. You broke the light; they repaired it; they billed you for the repair job. Why would you not expect to pay the bill?
posted by DarlingBri at 2:51 AM on April 9, 2013 [5 favorites]
I can't imagine, actually. You broke the light; they repaired it; they billed you for the repair job. Why would you not expect to pay the bill?
posted by DarlingBri at 2:51 AM on April 9, 2013 [5 favorites]
Yeah, I agree with DarlingBri, it sounds like your messing with it may have caused it to break. Suck it up and pay the bill.
Then start attending the Association meetings on a regular basis.
posted by HuronBob at 3:47 AM on April 9, 2013
Then start attending the Association meetings on a regular basis.
posted by HuronBob at 3:47 AM on April 9, 2013
How much did the lens cost? Can you look up the model and price it out? You did break the lens, but you shouldn't be charged for fixing the actual lamp.
posted by nikkorizz at 5:47 AM on April 9, 2013
posted by nikkorizz at 5:47 AM on April 9, 2013
That's annoying.
I'm with nikkorizz. Send a check for the lens, which is broken because of you, but have the condo association pay the rest of the bill. Send them a short letter, and copies of the emails you've sent. In the memo portion of the check, write-settlement for broken fixture.
That should do it. If they cash the check, then it will be an uphill battle for them.
If you do end up going to court about this, sue the management company AND the Condo Association. They have joint and several liability.
At the end of the day, you have responsibility for the lens, but they have responsibility for the rest of it.
posted by Ruthless Bunny at 6:14 AM on April 9, 2013 [4 favorites]
I'm with nikkorizz. Send a check for the lens, which is broken because of you, but have the condo association pay the rest of the bill. Send them a short letter, and copies of the emails you've sent. In the memo portion of the check, write-settlement for broken fixture.
That should do it. If they cash the check, then it will be an uphill battle for them.
If you do end up going to court about this, sue the management company AND the Condo Association. They have joint and several liability.
At the end of the day, you have responsibility for the lens, but they have responsibility for the rest of it.
posted by Ruthless Bunny at 6:14 AM on April 9, 2013 [4 favorites]
You need to determine if this fixture is in the common area. I would never mind about the broken lens -shit happens, and should be factored into the management budget of common areas.
If it is in the common area send the bill to the condo association. You also need to determine if when installed the Condo association made some rule that stipulated each owner would be responsible for the light in front of their unit. If it isn't in the rules then send the bill to the condo association.
posted by Gungho at 6:42 AM on April 9, 2013
If it is in the common area send the bill to the condo association. You also need to determine if when installed the Condo association made some rule that stipulated each owner would be responsible for the light in front of their unit. If it isn't in the rules then send the bill to the condo association.
posted by Gungho at 6:42 AM on April 9, 2013
I bet that you signed something regarding binding arbitration, which would mean you don't have the right anymore to go to court.
posted by Chocolate Pickle at 7:44 AM on April 9, 2013 [1 favorite]
posted by Chocolate Pickle at 7:44 AM on April 9, 2013 [1 favorite]
Some random thoughts:
If you do actually go to court, I bet you could make a case that you are not even responsible for the lens, since you wouldn't have opened it if the board had responded to your two-year request to fix the lamp in the first place.
If they decide that the lamps are personal property instead of community property, demand to receive a copy of the manual with instructions for how to reassemble the fixture after replacing a bulb. If you put it back together in the most obvious way and that caused it to break, there must be something specific in the manual that they didn't provide to you when they installed the light.
IANAL; TINLA
posted by CathyG at 10:25 AM on April 9, 2013 [1 favorite]
If you do actually go to court, I bet you could make a case that you are not even responsible for the lens, since you wouldn't have opened it if the board had responded to your two-year request to fix the lamp in the first place.
If they decide that the lamps are personal property instead of community property, demand to receive a copy of the manual with instructions for how to reassemble the fixture after replacing a bulb. If you put it back together in the most obvious way and that caused it to break, there must be something specific in the manual that they didn't provide to you when they installed the light.
IANAL; TINLA
posted by CathyG at 10:25 AM on April 9, 2013 [1 favorite]
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The general process is usually gathering your evidence, and filing a lawsuit. Depending on your local laws you probably will need a sheriff or court official to serve your party(s) -the defendants- with your packet of paperwork.
Note that there are fees. You will probably have an option to apply for "Inability to Pay" which will waive your fees if you qualify. For me we had to fill out paperwork with our assets and income. The judge then decides if you qualify usually.
Once they have successfully been served, they can pay you and you can drop the case, or you can go to court and the judge will decide if they owe you money and how to pay. If they don't show up to the court case, you generally get a default judgement in your favor.
For my purposes I printed everything that I had - emails - copies of checks - my lease, etc. You can never have too much evidence in your favor so include it all.
My knowledge is from MT civil court (not small claims as my landlord lived out of state)- I opened a case against my landlord for my deposit, however it will really be based on your county and state rules, which I don't know what county you are in from your post.
Therefore if you can't get fees waived or you will miss too much work time, it may not be worth it. However you can add additional costs, such as missing work, to what they owe you if it goes to court. The judge then makes the final ruling on what they owe you overall.
posted by Crystalinne at 9:41 PM on April 8, 2013 [1 favorite]