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HOA hired a painting company that painted our garage door shut, when opened the door broke. The HOA told us to hire a garage door repair service and they would pay the cost. Now they are arguing and trying to avoid reimbursement. I have the email confirming the agreement. What is the best way to get them to complete the reimbursement owed?
Aug 13, 2024
Litigation
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Bill HenryFounding Partner | 18 years of experience
Profile Picture of Attorney Bill Henry
Profile Picture of Attorney Bill Henry
Bill HenryFounding Partner 18 years of experience

In situations like yours, there are several legal principles that could support your claim for reimbursement. One key principle is detrimental reliance, which means that you took action based on the HOA’s representation—in this case, hiring a garage door repair service with the expectation that the HOA would cover the costs. The HOA should have reasonably anticipated that you would rely on their promise and, as a result, should fulfill their commitment.

Additionally, there may be grounds for a claim of negligence under the doctrine of respondeat superior. This legal doctrine holds that an employer (in this case, the HOA) can be held liable for the negligent acts of its employees or contractors performed within the scope of their employment. If the painting company, hired by the HOA, acted negligently in painting your garage door shut, the HOA could be held responsible for the resulting damage under this doctrine.

I would recommend the following course of action:

1. Draft a Formal Letter: Write a formal letter to the HOA, clearly outlining the situation. Include a detailed timeline of events, starting with the initial issue of the garage door being painted shut, your communication with the HOA, and their subsequent agreement to reimburse you. Attach a copy of the email where the HOA confirmed they would cover the repair costs, as well as the bill from the garage door repair service.

2. Request Specific Action: In your letter, request prompt reimbursement for the repair costs, specifying the exact amount owed. You should also include a deadline by which you expect the payment to be made—typically, 10 to 14 days is reasonable.

3. State the Consequences of Non-Compliance: Politely but firmly state that if the HOA fails to reimburse you by the specified deadline, you will be left with no choice but to pursue legal remedies. This could include filing a claim in small claims court, which is typically reserved for disputes involving relatively small amounts of money.

4. Consider Small Claims Court: If the HOA does not respond or refuses to reimburse you, and if the amount in dispute is within your local small claims court’s jurisdictional limit, filing a small claims action would be your next logical step. Small claims court is designed to be accessible without the need for an attorney, making it a practical option for resolving disputes like this.

Good luck in your case.

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The response provided is based on the available information and is not intended to constitute a comprehensive answer to the inquiry. The only manner to obtain complete and adequate legal advice is to consult with an attorney. Please be advised that no communication, including Q&A postings, through this website establishes an attorney-client privilege, and such exchanges do not create an attorney-client relationship and will not be treated as confidential. The information presented is general information only and should not be relied upon to take, or fail to take, legal action.
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