Legal Question in Consumer Law in Kansas

I own an attached home. I pay monthly fees to the Homeowners' Association (HOA) to cover services including lawn care and maintenance, water, trash service, pool maintenance, security, etc. The sprinkler system which is maintained by a local company under contract with the HOA, is causing a very loud banging noise inside my home and is greatly disturbing my sleep. The noise first appeared last summer, and after a lot of follow-up on my part, the maintenance company worked with the water company and apparently found a solution that appeared to resolve the issue. Unfortunately, the noise is back this year and it is even louder. I have contacted my HOA multiple times, and cannot seem to get any action. Do I have any legal recourse?


Asked on 8/02/13, 6:48 am

1 Answer from Attorneys
Anthony Smith LawSmith

You might need to make out a police report against the maintenance company. If the problem persists, you may need to sure whoever is turning the water on at night. You may also need to search your hoa by-laws for how complaints are to be handled, and whether you can sue the maintenance company on behalf of the hoa. You might need to get yourself elected to the board, to put pressure in getting maintenance improved. To save time and money, you might hire an attorney to write the various entities, telling them of their legal exposure, if three situation isn't immediately resolved.

Good luck

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Answered on 8/02/13, 10:27 am


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