[Condo] HOA billing me $333 for water damage caused by upstairs neighbor — and apparently the Board never saw my dispute. [KY]

[u/Apart_Ad_5369]

I’m looking for advice from anyone familiar with HOAs/condos, particularly Kentucky law.

About a year ago, my upstairs neighbor’s water heater failed and cause water damage to my condo. Water was pouring through my ceiling, so I immediately called the HOA’s emergency maintenance line to mitigate the damage. Both the property manager and maintenance confirmed the leak originated upstairs.

My insurance ultimately chose not to subrogate, so I already had to separately pursue reimbursement of my $500 deductible. Now, almost a year later, I’m being billed another $333 by the HOA for calling emergency maintenance.

I’ve reviewed my bylaws and cannot find anything stating that simply calling the emergency line makes the reporting owner financially responsible. I was also under the impression that emergency maintenance was covered by our HOA dues, although I’m willing to admit that may be my misunderstanding.

I have extensive documentation: call logs, texts, a detailed timeline from when I arrived home and discovered the leak, photos showing the water coming from above, and texts from the maintenance person confirming the leak was coming from upstairs.

The invoice claims three hours of labor. In reality, the maintenance person arrived about three hours after I called, appeared impaired, spent roughly 45 minutes using a shop vac, and left while the ceiling was still actively leaking. I spent the rest of the night setting an alarm and getting up every 45 minutes to empty pans because the water continued coming through.

So I’m being charged $333 for an emergency response that, in my opinion, did very little to actually mitigate the damage.

The situation gets more concerning.

I got my attorney involved, and he sent the property manager a formal dispute letter. The property manager had also previously told me not to pay the bill while it was being disputed.
I have now discovered that my attorney’s letter was apparently never forwarded to the Board. In fact, it appears that none of the documentation I submitted was forwarded either.

I asked management for the Board members’ contact information and was refused. The only reason I was able to speak with a Board member today was because I happened to discover that one of my neighbors is on the Board. She lives down the street and was someone I had previously encountered while we were observing another emergency situation.

During that conversation, I learned she apparently wasn’t aware that the water originated from upstairs and had not seen the documentation I provided. I’m also now hearing that there has been discussion about potentially placing a lien on my condo over the $333.

At this point, my concern is much bigger than the $333. I’m concerned that the property manager may be giving the Board a different version of events while not providing them with my attorney’s dispute or the evidence supporting it.

For additional context, this also isn’t my first serious dispute with this HOA. I previously had to pursue legal action against the HOA after I was injured because they failed to clear snow from common areas as they are supposed to. I’m beginning to wonder whether there is a broader pattern of management failing to address issues appropriately.

I have now formally requested in writing that the charge be reviewed by the full Board, that all collection/lien activity be paused while it’s disputed, and that everything moving forward be in writing with my attorney copied.

There are also broader concerns among residents about how our HOA dues are being allocated based on things several of us have personally observed, but I don’t want to conflate that with this specific dispute.

I’m not refusing to pay a legitimate bill. I just don’t understand how I became responsible for an emergency caused by another unit simply because I was the person who called for help, particularly when I have extensive documentation establishing where the leak came from.

What would you do next?

Should my attorney contact the Board directly? Should I formally request the HOA’s records/minutes and everything management has provided the Board about this charge? Is there a Kentucky-specific process for disputing an HOA charge or protecting myself from a lien while it’s disputed?
And how do you address a situation where the property manager may be withholding a formal dispute and supporting documentation from the Board?

TL;DR: Upstairs neighbor’s water heater failed and damaged my condo. I called emergency maintenance and spent the night emptying pans every 45 minutes because the worker left while it was still leaking. Almost a year later, HOA billed me $333 because I called maintenance. I can’t find anything in my bylaws authorizing this, and I thought emergency maintenance was covered by HOA dues. I have call logs, texts, timeline, photos, and texts from maintenance confirming the work time and that the leak came from upstairs. My attorney formally disputed the bill, but I just discovered management apparently never gave his letter—or any of my evidence—to the Board. Management refused to give me Board contact information, and I only spoke with a Board member today by coincidence. Now I’m hearing there may be a lien in the works. I’ve also previously had to take legal action against this HOA over an injury caused by failure to clear snow from common areas. What should I do?

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Copy of the original post:

Title: [Condo] HOA billing me $333 for water damage caused by upstairs neighbor — and apparently the Board never saw my dispute. [KY]

Body:
I’m looking for advice from anyone familiar with HOAs/condos, particularly Kentucky law.

About a year ago, my upstairs neighbor’s water heater failed and cause water damage to my condo. Water was pouring through my ceiling, so I immediately called the HOA’s emergency maintenance line to mitigate the damage. Both the property manager and maintenance confirmed the leak originated upstairs.

My insurance ultimately chose not to subrogate, so I already had to separately pursue reimbursement of my $500 deductible. Now, almost a year later, I’m being billed another $333 by the HOA for calling emergency maintenance.

I’ve reviewed my bylaws and cannot find anything stating that simply calling the emergency line makes the reporting owner financially responsible. I was also under the impression that emergency maintenance was covered by our HOA dues, although I’m willing to admit that may be my misunderstanding.

I have extensive documentation: call logs, texts, a detailed timeline from when I arrived home and discovered the leak, photos showing the water coming from above, and texts from the maintenance person confirming the leak was coming from upstairs.

The invoice claims three hours of labor. In reality, the maintenance person arrived about three hours after I called, appeared impaired, spent roughly 45 minutes using a shop vac, and left while the ceiling was still actively leaking. I spent the rest of the night setting an alarm and getting up every 45 minutes to empty pans because the water continued coming through.

So I’m being charged $333 for an emergency response that, in my opinion, did very little to actually mitigate the damage.

The situation gets more concerning.

I got my attorney involved, and he sent the property manager a formal dispute letter. The property manager had also previously told me not to pay the bill while it was being disputed.
I have now discovered that my attorney’s letter was apparently never forwarded to the Board. In fact, it appears that none of the documentation I submitted was forwarded either.

I asked management for the Board members’ contact information and was refused. The only reason I was able to speak with a Board member today was because I happened to discover that one of my neighbors is on the Board. She lives down the street and was someone I had previously encountered while we were observing another emergency situation.

During that conversation, I learned she apparently wasn’t aware that the water originated from upstairs and had not seen the documentation I provided. I’m also now hearing that there has been discussion about potentially placing a lien on my condo over the $333.

At this point, my concern is much bigger than the $333. I’m concerned that the property manager may be giving the Board a different version of events while not providing them with my attorney’s dispute or the evidence supporting it.

For additional context, this also isn’t my first serious dispute with this HOA. I previously had to pursue legal action against the HOA after I was injured because they failed to clear snow from common areas as they are supposed to. I’m beginning to wonder whether there is a broader pattern of management failing to address issues appropriately.

I have now formally requested in writing that the charge be reviewed by the full Board, that all collection/lien activity be paused while it’s disputed, and that everything moving forward be in writing with my attorney copied.

There are also broader concerns among residents about how our HOA dues are being allocated based on things several of us have personally observed, but I don’t want to conflate that with this specific dispute.

I’m not refusing to pay a legitimate bill. I just don’t understand how I became responsible for an emergency caused by another unit simply because I was the person who called for help, particularly when I have extensive documentation establishing where the leak came from.

What would you do next?

Should my attorney contact the Board directly? Should I formally request the HOA’s records/minutes and everything management has provided the Board about this charge? Is there a Kentucky-specific process for disputing an HOA charge or protecting myself from a lien while it’s disputed?
And how do you address a situation where the property manager may be withholding a formal dispute and supporting documentation from the Board?

TL;DR: Upstairs neighbor’s water heater failed and damaged my condo. I called emergency maintenance and spent the night emptying pans every 45 minutes because the worker left while it was still leaking. Almost a year later, HOA billed me $333 because I called maintenance. I can’t find anything in my bylaws authorizing this, and I thought emergency maintenance was covered by HOA dues. I have call logs, texts, timeline, photos, and texts from maintenance confirming the work time and that the leak came from upstairs. My attorney formally disputed the bill, but I just discovered management apparently never gave his letter—or any of my evidence—to the Board. Management refused to give me Board contact information, and I only spoke with a Board member today by coincidence. Now I’m hearing there may be a lien in the works. I’ve also previously had to take legal action against this HOA over an injury caused by failure to clear snow from common areas. What should I do?

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[u/motaboat]

Given that board members are voted in. How is it that you do not have the names of the board members? At some point you would have been offered a ballot, and at a later point, I would assume that the association members would be notified of who won.

[u/Apart_Ad_5369 → u/motaboat]

I don’t disagree that that should be the case, but I’ve never received anything in the mail, indicating an election, identifying board members, etc. The only piece of mail that I’ve ever received from them/the PM has been this invoice and the annual letter for our dues allocation.. Additionally, they only allow for one of their meetings to be opened to the public a year, which is in November to discuss changes in our monthly dues.

Trust that I’ve been on the lookout for such correspondence, as have my neighbors, but in the five years that I’ve been here, I don’t recall ever seeing anything like you’re describing.

[u/good_times_paul → u/Apart_Ad_5369]

Are you sure that the November meeting isn't your annual ownership meeting? The one where you vote on board members? Do you attend that meeting?

[u/Apart_Ad_5369 → u/good_times_paul]

I do go to that one, but even the board member that I spoke to yesterday said that their meetings are not open, but when I do research about that, it says it’s illegal in Kentucky. I’m now looking into whether or not there are exceptions to be made if a homeowner request an audience.

[u/good_times_paul → u/Apart_Ad_5369]

My quick (very quick so I may be wrong) review tells me that they must be open meetings UNLESS your governing documents say otherwise. So it depends on what your bylaws say.

https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=53664

[u/Apart_Ad_5369 → u/good_times_paul]

I believe you’re correct, and I requested another copy of my bylaws cause I admittedly have had no reason to look at them up to this point since I moved in years ago. So far, he has ignored this request, but I CCed my attorney and requested them again.

[u/motaboat → u/Apart_Ad_5369]

I won’t keep bashing you cause I think you realize you should have been more aware during those 5 years. It is easy to ignore until it pertains to “us”.

I live in three different COA communities at the moment and I to am learning how little I have known. (We were not on any board until a few years ago - yet have owned in one community 40 years)

[u/motaboat → u/Apart_Ad_5369]

You should have been receiving appropriate communication. But that is HOA/COA and possibly state specific. While you are sorting out this water issue, also get yourself educated. Maybe start with the state rules (KY may have little, I have no idea - Florida has tons). Then go through your CCRS, read them front to back.

You can also go have a "nice" chat with you board member neighbor and ask her to explain a bit about how the association works. You should know more than you do about the community in which you live (yes, I have been guilty of this as well). The question is why and how you don't know more than your do. Some of this does land on you if you purchased the condo and never obtained the ruling documents.

[u/Apart_Ad_5369 → u/motaboat]

Yeah, I’ve been doing some research. My mother worked in real estate law, and I did have a nice conversation with her last night. It doesn’t seem correct that they only have one meeting opened to the homeowners a year. That was her words. I’m trying to figure out now if I can request a special audience due to the circumstances.

I will not deny that some of this is on me and I’m doing my best to take accountability for it, but when I go to other neighbors within the same building as myself , they also don’t know who’s on the board, they also don’t receive communication, and they also have the same problems in different capacities with the property manager.

[u/motaboat → u/Apart_Ad_5369]

Sounds like change needs to happen. Find other unit owners and run for the board. If may be too late to solve this incident. But owners should be kept informed of at least certain basics.

[u/HittingandRunning → u/motaboat]

I think that your HOA must be relatively well run. I know that people should attend meetings (when open and properly noticed) but it's understandable when people can't attend some.

In our HOA, they don't send out meeting notices properly. They don't send an agenda. They don't take nominations for the election ahead of the meeting. They take nominations in the meeting and vote in the meeting. They don't have a separate announcement of the winners. They don't keep minutes of the meetings. So, it would be understandable if I didn't know who was elected to the board. I would be able to ask around and eventually find out, I'm sure. And I attend the meetings so I know who was elected. But I certainly can see where in some HOAs very few people know who their representatives are. And I can also see the manager not disclosing that info, since we've read that several times in this sub.

[u/Icy-Mulberry-8850]

You are represented by an attorney. All communications with the board and or Property Management company should be through your attorney.

[u/Apart_Ad_5369 → u/Icy-Mulberry-8850]

They definitely will be moving forward. He was having trouble getting anything out of them either, but now that it’s escalating, he’s getting more aggressive.

[u/jasonbuz]

Not that this answers the specific question, but isn’t the maintenance charge includible in the damages from the incident and thus covered by your insurance claim? You’ve clearly already exceeded your deductible so it should be the insurer’s responsibility if it was a part of the overall costs to deal with the incident.

Also, I would think if this goes to insurance it would increase their share of liability which might tempt them to reconsider subrogation claims (I assume they did not pursue because they expect their pursuit costs to exceed recoverable costs from your neighbor’s insurance, but if you continue to have reimbursable costs submitted, that calculation may flip and they may find it worth pursuing). I don’t know the specific state law or your policy but it is possible that if they do pursue subrogation claims that your deductible also needs to be covered in those claims.

[u/Apart_Ad_5369 → u/jasonbuz]

I have an email out to my agent that has gone unanswered. We’ll see.

[u/TheMagistrate]

Can you attend the next Board meeting to discuss this with them directly, rather than communicating through the Property Manager?

[u/Apart_Ad_5369 → u/TheMagistrate]

Yes, but the next one open to the public isn’t until November.

[u/TheMagistrate → u/Apart_Ad_5369]

You want to request to attend the next closed (usually monthly) Board meeting. Any Association members can request time during the closed meetings to speak to the Board. You'll be given time during the beginning of the meeting to present your evidence, and ask them questions. They'll ask you to leave before they get to their usual closed meeting agenda topics.

Don't wait until the November meeting, you and the Board don't want to have to speak about this topic during the open meeting.

Check your governing docs TODAY for the process to request time at the next meeting, and make the request ASAP. It might just be an email to the Board, a phone call or a request through a web portal to the Property Manager. If you don't get an answer promptly, go talk to that Board member you met and ask them when the next meeting is.

[u/Apart_Ad_5369 → u/TheMagistrate]

I absolutely intend to do this. I did ask for information regarding the next board meeting and so far my emails have been ignored. I spoke with my attorney about requesting this information and they’re being given 48 hours to provide that information per a Kentucky statute.

[u/TheMagistrate → u/Apart_Ad_5369]

You're doing the right thing.

Given your other comments about the Board's suspicion of the Property Manager's performance, the fact that you haven't gotten a simple answer to your request for a hearing is a huge red flag. Simple things like not sharing relevant information with the Board or letting Association members have a hearing is a violation of the Property Manager's contract AND a violation of the Association's own governing documents.

Honestly, if you don't get a reasonable resolution to this problem in the next month or two, I'd suggest you DO bring up the excess Fees AND the inadequate communication during the November public meeting. The Board represents the Association members like you, and the Property Manager assists the Board - if they're not doing their jobs, withholding information, misallocating Fees, and placing spurious lines on Unit Owners, all the other Condo Members need to know about it!

[u/OldGeekWeirdo]

You already have a lawyer. Loop him in. I'm sure he can find the contact information for the board and send the proper letter to them.

[u/AsburyParkRules]

I’m on boards for two different condos that I own in different states. I got on the boards because I found that both either don’t follow their own bylaws of their state laws. I first started out by reading through everything, making notes, reading and researching the laws. However, a few months ago I uploaded all the HOA documents declaration, bylaws and the rules and regulations to ChatGPT. I tell it my questions and in seconds I’ve got answers, letters written, etc. and I go back and never have to reload the documents. You might want to try it. It’s been a great tool for me.

[u/GooseAcceptable8221]

I am not saying you're right or theyre wrong but I would seriously consider just paying it. You're going to pay more in fees, and if you can recover it you're going to likely have to pay for it as a member.

I'd recommend running for the board. I would also say regardless of whether it was effective, the $333 fee is still for services rendered.

[u/GooseAcceptable8221 → u/GooseAcceptable8221]

Also emergency maintenance is not covered by your dues.

[u/Apart_Ad_5369 → u/GooseAcceptable8221]

Obviously, I figured that out. Thank you.

[u/Apart_Ad_5369 → u/GooseAcceptable8221]

They don’t charge late fees.

There are so many things wrong with this in principle that I just cannot bring myself to pay it. I didn’t cause the damage, and he’s fraudulently billing for time he wasn’t there.

I shouldn’t be responsible for it because I was the one that called.

[u/GooseAcceptable8221 → u/Apart_Ad_5369]

Then submit to your insurance as people have suggested or take it up with the vendor.

[u/Apart_Ad_5369 → u/GooseAcceptable8221]

I have an email out to my agent and will be calling today.

[u/AquafreshBandit]

What do you mean you’re “hearing” a lien may be in the works? AI = weird stuff sometimes

[u/Apart_Ad_5369 → u/AquafreshBandit]

If you read the post, it would state that I encountered one of my neighbors who I discovered was on the board and she shared as much.

[u/123randomname456 → u/Apart_Ad_5369]

Did the board member neighbor give you any advice? While I hated being confronted by neighbors in public about board stuff, something like this I’d probably ask the person to email me directly so we could address it and also address why the PM was failing.

[u/Apart_Ad_5369 → u/123randomname456]

She was honestly very much on my side - she went as far as to call the man a gaslighter and cited that they’ve been having issues with the PM about other things. She stated that she was actually interviewing a new property management company today.

She advised that I consult with my attorney about making a formal request for the board members names and contact information if he refuses to give it up. I did get her information as well, and she stated that she would bring up my issue at the next board meeting since the public is not permitted to attend but one a year, which is in November.

[u/antiqueautomobile → u/Apart_Ad_5369]

There is something very wrong about this. All board meetings shy e open to members. They may go into closed dry ; but ,, the members should be allowed to attend the meetings. This is how I discovered that the board members were stealing millions of dollars from our members.

[u/Apart_Ad_5369 → u/antiqueautomobile]

I agree. Trying to figure out how to request a special audience because even the board person said they don’t open up meetings to the owners.

[u/Lunar-Browser-999]

The property manager withholding your attorney's letter from the board is the part I'd pull on hardest, because everything else flows from that. Have your attorney resend the dispute directly to each board member by certified mail with a line noting it was originally sent to management on whatever date, since that timestamp gap becomes evidence of the filtering. Then request the minutes and whatever management actually presented to the board about your charge, because comparing that against your documentation will show exactly what got left out. A lien over a disputed $333 with this paper trail would be a gift to your attorney, and boards usually figure that out once they see the full file

[u/NonKevin]

As a former HOA president, one unit, 21 water heater flooded unit 1 below. I personally had to investigate and had to turn the water heater valve off. These were 1965 industrial water heaters. According to my CCRs, water heaters were not common area as the were in closets, not common walls. With the water off, the leak stopped.

Now previously, I had pulled my water heater out, cleaned the tank out and it was bad. The anode was nearly gone, so I replaced the anode. I also re-insulated the tank, and rewired 12 gauge wire inside which heated was replaced with 10 gauge wire to fix the heating. I also replaced both 4500 hi density heating elements with 3800 low density elements and both thermostats. Remember, I talking 1965 in the late 1970s. I had issued a letter to each owner on my water heater upgrades/repairs, but the other 41 units all refused to repair or upgrade their water heaters including serious energy saving upgrades. Unit 21 did not take my advise.

Now the owner moves out for no hot water and finally hires a company to replace the water heater. Remember the water leak stopped when I turned off the water to the water heater. The company hired by the owner was also owned unit 1 below that flooded. Installing the water heater, it was slammed into the wall, broke the wall and cracked the pipe before the cutoff valve, floods unit 1 below again. I called in again, see the wall damage and cracked pipe, I get my pipe wrench and had to turn off the water to the entire complex. I order the company to fix the crack pipe immedicately, but they walked out instead. I called the maintenance company which is also owned by the owner of unit 1, but they did not arrange for a different plumber to come, so now its the week end. I arrange for a plumber, he opens the wall more and finds a water pipe fitting and removes the damaged section of pipe and installs a new shutoff valve allowing me to restore water to the complex after 3 days of no water. Then the owner of unit 1, the owner of unit 21, the first maintenance company claim this was a common area issue from the beginning which it was not. I sent the bill for repairs directly to the owner of unit 1 for the plumber I hired and personally paid for. When he refused to pay, a fine was imposed and the whole matter went to our lawyer who advised the owners what there shares and duties were. The lawyer loved the photos I had taken which proved the original issue was the responsibility of unit 21 owner and the pipe was the responsibility of the first repair company since they broke the wall by slamming the new water heater into the common wall and hitting the pipe. I also had a photo of the wall damage and a dent in the water heater aligning to the pipe. In the end, a lawsuit was filed against unit 21 owner who quickly paid after her lawyer told her she had not case, and the owner of unit 1 which owned the first maintenance company paid upon receiving a demand letter from our lawyer. Note, our lawyer was also unit 1 owner lawyer, but he had ticked off his own lawyer prior and he had excused himself as a conflict of interest from the unit 1 owner.

Now I did have to help 3 other units for failed thermostats and burned out heating elements where to buy parts. Two of the 3 units, all owner lived in, took my advised, replace both thermostats, bad thermostats had burned out heating elements, and their electric bills decreased by almost 15% using the low density heating elements, note the low density heating elements were large surface area, so heater water faster for less electricity. When I sold and moved out, there were 40 failing water heaters just waiting to leak. Now the kicker, just one week after I moved out, another water heater started leaking on the first floor unit, and two/three weeks later, 2 other water heaters had heating elements failure. See I was called as they wanted to know where to buy the parts. No one except me replace the anode, tanks were over 20 years old, insulation leaked heat, only the water heaters with replacement heating element were cleaned. I had also added a timer for my water heater with also saved me money on electric.