Condo Sale Fell Through Because Hoa Failed To Fix Roof Resulting Water Damage In Condo

I live in Colorado, USA. My wife and I listed our condo for sale in early March and accepted an offer of 325k. While under contract a major wind storm removed roof shingles and we reported it to the HOA the day it happened. Nothing done for 3 weeks and during that period a major thunderstorm came and dumped water into our condo. Whole ceiling has water damage and since the roof is slanted the water ran between the ceiling and roof into our walls. While the roof was still missing shingles we contacted multiple roofers to see if we could pay for a patch but they stated the roof is completed failed from a major hail storm a year ago and the roof was also installed incorrectly. Roofers also said they would not work on the roof for legal reasons since they were not approved by the HOA.

We then had a lawyer write a letter requesting action and got nothing from the HOA. It’s been 2 months since that letter was sent and still the HOA won’t talk to us. Their lawyers have also not responded at all. HOA sent out unqualified people to patch roof and have since found out water is still slowly leaking in.

Since the roof was patched our buyer requested water remediation and drywall repair and since our HOA went silent and we are trying to close the sale we contacted our homeowners insurance. Insurance said sure we will cover it and we didn’t want to file a claim but we just wanted to be done with the condo. Water remediation comes in and starts demolition work this week and once they open the ceiling it’s mold through the roof and ceiling. Telling us they cannot keep working unless the roof is completely replaced, mold remediated, and then dry wall can be installed.

Also the roof was patched and the whole ceiling was replaced a year ago and the HOA contractors lied and said it could just be dry wall repair and just covered up the mold. It took us over 8 months to get the HOA to fix the ceiling the first time while water continued to pour in and damage our condo. So this is the second time this has happened in 2-3 years.

Condo is valued at 325k and our buyer just walked away. We cannot list for sale again until roof is completely replaced and water remediation and dry wall repair is completed. We disclosed everything to our buyer and they stayed with us as long as possible but finally decided to walk away today. All wrong doing was do by the HOA board and management company for negligence and unqualified contractors completing poor work.

New roof was quoted at 50k Water remediation and drywall repair quoted at 20k

What legal action can my wife and I take against the HOA board and management company for clear negligence, damages, and because of that negligence the resulting sale of our condo falling through?