who is responsible for unauthroized item remove cost?

Started by LindaX • 3 replies • 1362 views

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LindaX (California)
Posts: 11

Posted:

if some Unit has the unauthorized item installed be previous owner, the board never make any action before. After years, the board decide to force the owner remove these unauthorized items, who suppose response for the cost? the HOA or the new owner?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Linda,

Typically it would be the new owner as it's possible that the Board did not see the item until recently.

Some States have specific laws associated when an item that isn't disclosed by the Association as being non-compliant. I do not know if CA is one of those States. You should check those statutes.

I would recommend that the owner does the following:

1. Notify the Board and indicate that you do want to comply with the covenants and guidelines. Ask that you are investigating if you might have recourse on the previous owner and need access to various Association Documents. Request a meeting with the Board to discuss the issue and that it should be scheduled after the requested documents are provided.

2. Request to see any communications with the previous owner about the item, including minutes of Board meetings and/or committee meetings surrounding the time frame the item was installed until the house was purchased.

3. If the previous owner was notified of the item, the current owner might have action against them to cover the cost of removal. Remove the item and decide if it's worth tracking the previous owner down and taking them to small claims court.

OR

If records indicate that the Association knew about the item, prior to purchase but approved it or didn't act on it, you might be able to argue that the item should be allowed to stay or the Board should share the cost in removal.

Tim

LindaX (California)
Posts: 11

Posted:

We only 9 units. 3 board members. Certain items be there obviously for years, some of them are 4 years some of them even longer like 6 years. The new owner moved in for about 2 years. Such item never be raised or documented anywhere indicated it is concerned until recently.

I guess it failed to the category of "it is knew item but board never take actions".

Is there any guideline for how long the board suppose to take action or is there any expiration period if the item be installed and board never response?

JanetB2 (Colorado)
Posts: 4,219

Posted:

Per Davis-Stirling:
http://www.davis-stirling.com/MainMenu/MainIndex/StatutesofLimitationCCREnforcement/tabid/1256/Default.aspx

RULES - STATUTE OF LIMITATIONS

Boards must timely enforce violations of the association's governing documents, otherwise they can lose the right to bring an action to enforce a particular violation.

The statute of limitations for violation of a CC&R provision or a rule is 5 years from the time the board discovers the violation or, through the exercise of reasonable diligence, should have discovered the violation. Code Civ. Proc. §336(b); Pacific Hills HOA v. Prun.

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