Do I have grounds for legal action against our HOA regarding a deck replacement?

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Do I have grounds for legal action against our HOA regarding a deck replacement?

My husband and I have been trying to get our deck replaced for 2 years, which is the HOA’s responsibility. The deck is unstable and basically un-useable. The deck bows away from the house if there is enough weight on it 3-5 people, if we walk around the deck bows and is springy. The railing is being held on only buy 1 bolt and the parts the connect on either side of the home. The nails are all pushing up on the deck boards. We can’t put furniture on it because it is structurally unsound. the supports underneath the deck are rotting, enough they had to be supported with cinderblocks. The HOA is very aware of the decks condition and refuses to do anything about it. Despite us always paying our dues, they do not provide us with what they are supposed to. We would very much like to use our deck as we have not been able to hardly in the 4 years we have lived there for fear the safety of our guests. We have been in contact with the HOA over and over and they refuse to do anything about it.

Asked on July 2, 2019 under Real Estate Law, Utah

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If, as you say and is typically the case, the HOA is responsible for outside repairs and maintenance, then you can sue the HOA to force them to make the repairs (i.e. to get a court order for them). You would sue to enforce the HOA bylaws or master deed or whichever document it is which puts the obligation for outside repairs on them, since that document is as binding on the HOA as on you.


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