How to file small claims against HOA

[Tangleeye1]

Jurisdiction

Georgia

My living room was flooded with water from the outside due to back up water from the gutter outside my unit. The area at my front door filled with water to the point where water was seeping in and when I opened the door in flooded in. I called the Property Manager who works on behalf of the HOA and he refuses to assume responsibility and told me that I'm responsible to pay for the damage. I spoke to an attorney and provided him with all of the recorded evidence to support me and he says that he would like to move forward however his retainer fee is just 300 less than the cost to fix my floor. It would not make since to retain a lawyer. How would I go about filing a small claims suit against my HOA? Who would I have served? The Property Management company? I don't have any information outside of the Property Management Company. I really need help.

 

[adjusterjack]

I called the Property Manager who works on behalf of the HOA and he refuses to assume responsibility and told me that I'm responsible to pay for the damage.

Why do you think the HOA is responsible?

Don't you have insurance?

How would I go about filing a small claims suit against my HOA?

Same way you sue anybody else. You start by getting the forms and instructions from your local small claims court website. The GA small claims limit is $15,000.

Who would I have served? The Property Management company?

You sue the HOA. The HOA is likely a corporation. You can get all the information from the GA Corporation Commission:

GEORGIA

 

[Tangleeye1]

Why do you think the HOA is responsible?

Don't you have insurance?

Yes, I have insurance however the flood was a result of the property management company not cleaning out the gutters that I pay for. The flood was at my front door so when I opened it the water poured in from the run off from the gutter being full.


Same way you sue anybody else. You start by getting the forms and instructions from your local small claims court website. The GA small claims limit is $15,000.

Thank you! I will do that.

You sue the HOA. The HOA is likely a corporation. You can get all the information from the GA Corporation Commission:

Thank you. Your information was helpful.
GEORGIA

 

[mightymoose]

It seems to me you are going to have to produce something in documentation that states or at least implies that the property management had a duty to clean the gutters. Sometimes they don't do much more than administrative tasks and contract maintenance when needed. I can see the responsibility for the gutters belonging to either party.
Who would you blame if a sewer pipe had become obstructed and overflowed?
Sometimes these things just happen and there really is nobody "at fault".
Insurance companies should be able to work this out.

 

[adjusterjack]

Yes, I have insurance however the flood was a result of the property management company not cleaning out the gutters that I pay for. The flood was at my front door so when I opened it the water poured in from the run off from the gutter being full.

You also pay insurance premiums so you can avoid the time and expense that it takes to sue somebody especially when your chances of winning are slim (like now).

If this is covered by your insurance you get your floors fixed right away instead of waiting for months (unless you want to front the money) to find out that maybe you don't win.