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Help! Problem: HOA granted work to engineering ...

Help!  Problem: HOA granted work to engineering firm to repair a community pond and the firm said we did not need a county permit..Ha! County found out and says we do need a permit and their work requirements for work being done is much more than the firm.estimated..Question?  Since firm lied to us(and we were naive) (there are 27 homeowners involved) ,should'nt they have insurance to pick up any overflow of expenses to do job?Or are we liable?  or just board of directors which recommended we do this job...what do we do..I feel we have been sold a bill of goods with not enough $ to pay for it...please advise..deceived


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Just Win baby!

My first question to you is did you do a background check on this firm?  Are they licensed?  Do they have a valid corporate docs?  Has there been any complaints before?  Do you have a contract with them?  Did anyone read it?  If so, you may want an attorney to look over the documents to see where you stand.  Sounds like they should eat the difference but if you didn't have a contract that says so you are not going to win!  Lawyers cost money also!

 

Bob Burns
www.investmentpropertiesmiamiflorida.com
Posted 2009-08-31T11:42:18Z
Bob Burns was invited by Yedda to answer this question.

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Marin County IS a hat for every different head!

You've asked a geolocal legal question. I suspect state law trumps but I'm guessing. The implication is that the HOA directors entered into some sort of agreement with assurance that no permits were required. The issue rests on the written agreement and you'll need legal counsel to determine options.
Posted 2009-09-10T22:27:30Z
Tristan Celayeta was invited by Yedda to answer this question.

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