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Subject: Board hired contractor who damaged my garage doir
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MaryH25
(Pennsylvania)

Posts:5


10/13/2019 6:13 AM  
Our Board hired a contractor to seal our driveways. He spattered black sealant on my garage door. Without my knowledge or consent, they authorized him to use white paint to cover the specs of black sealant on my door. The paint does not match the factory baked-on polyester finish on the door now my door is a mess, with splotches of paint obvious from the street.
Board’s response was to have the contractor paint the door. He refused to follow the manufacturers instructions for painting it. Even if it is painted correctly, it would not match the color or durability of the factory finish snd I would have to absorb the costs of repainting it in five years. So, this option does not make me whole.
I can replace the door with the exact door, which is what I informed the Board I intend to do. Also, I informed them that I will seek legal redress if they do not pay it. I am wondering what my chances of winning are in small claims court, should I retain a lawyer, and should all three Board members be served?
SheliaH
(Indiana)

Posts:2984


10/13/2019 6:23 AM  
You would sue the association, not necessarily individual board members because they were acting on behalf of the association.If

You might also file a claim with your insurance company. If the association is at fault, that claim shouldn't count against you. They would also go after the association's insurance company.

Any other questions are probably legal, so you need to go to a private attorney for those answers because most of us aren't lawyers.



PaulJ6
(New York)

Posts:650


10/13/2019 7:52 AM  
Posted By MaryH25 on 10/13/2019 6:13 AM
Our Board hired a contractor to seal our driveways. He spattered black sealant on my garage door. Without my knowledge or consent, they authorized him to use white paint to cover the specs of black sealant on my door. The paint does not match the factory baked-on polyester finish on the door now my door is a mess, with splotches of paint obvious from the street.
Board’s response was to have the contractor paint the door. He refused to follow the manufacturers instructions for painting it. Even if it is painted correctly, it would not match the color or durability of the factory finish snd I would have to absorb the costs of repainting it in five years. So, this option does not make me whole.
I can replace the door with the exact door, which is what I informed the Board I intend to do. Also, I informed them that I will seek legal redress if they do not pay it. I am wondering what my chances of winning are in small claims court, should I retain a lawyer, and should all three Board members be served?




You're in the right, legally, but it's a question of the damages that you'd recover.

You should get whatever amount it takes to give you the door that you had, minus the door that you have after all of this mess.

The issue is that if the door has been painted and is good for 5 years, you haven't then incurred damages yet.

I think that if you replace the door, you will not recover the full purchase price.
SamE2
(New Jersey)

Posts:241


10/13/2019 9:50 AM  
I would look at it as a kind of car accident. If your car is damaged in an accident it gets fixed unless the repairs cost more than the current value of the car. How old is your door and what is the value of it? How much life does it have left in it? I think the court would require you to allow the company/HOA to paint it. Maybe if the paint failed you could sue then and get relief.
PaulJ6
(New York)

Posts:650


10/13/2019 9:52 AM  
Small claims courts generally just award cash damages; they don't impose "injunctive relief" (i.e., requirements that somebody do something, other than paying cash).
GenoS
(Florida)

Posts:3577


10/13/2019 2:13 PM  
Posted By SheliaH on 10/13/2019 6:23 AM
If the association is at fault, that claim shouldn't count against you.

"Some agents are obligated to report you to the company if you even discuss a potential claim and choose not to file."
JohnC46
(South Carolina)

Posts:9155


10/13/2019 3:45 PM  
Mary

I believe your request for a total door replacement has merit. That said, do not threaten your the BOD. Work with them to "ease" them into your solution.

Come in front of my BOD demanding, even when right, all you are going to do is pi$$ us off and we will resist.
PaulJ6
(New York)

Posts:650


10/15/2019 5:09 AM  
Posted By GenoS on 10/13/2019 2:13 PM
Posted By SheliaH on 10/13/2019 6:23 AM
If the association is at fault, that claim shouldn't count against you.

"Some agents are obligated to report you to the company if you even discuss a potential claim and choose not to file."




True. Any report of a loss, even if a claim isn't filed, can result in your insurance premiums going up.
LetA
(Nevada)

Posts:876


10/15/2019 5:25 PM  
Another easy fix is 1.) call the company that did the work for the HOA, provide them with a written estimate for repairs, you will have to call out a garage door company first.
2.) if the company that did the damage to your door blows you off, call your states contractor licensing board. From there you will file a complaint against that contractor and ask for the contractors insurance company info, the state CLB has that on file and has to give it to you because it is public record.. File an insurance claim directly with their carrier.

I went through a similar situation not HOA related earlier this year. My kid cracked up his car, when the tow truck driver backed the car into the garage and lowered the boom. the boom busted my garage slab.
The tow company gave me such a hard time I called the DMV to file a complaint and got their insurance info. You have to do a little leg work, but it has promising results.
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