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JacquelineK (California)
Posts: 4
Posted:
Hi,
I bought my unit in a 6 unit condo complex in California 3+ years ago. I was told by the listing realtor that my doors and windows were the responsibility of the association and would be replaced by it (seals broken and all were fogged). Now after three years the front units discovered that the back units have 4 sliders and the front units have only two. The front units have a large window and french doors where we have our sliders. Now all of a sudden I'm told that I have to pay for my extra two sliders. The CC&Rs don't address this this disparity. They just say that the Association is responsible for windows and doors. Can the Association randomly just change the rules on this? I bought this place based on the assurance that the doors and windows were their responsibility and now I'm being told that I have to pay the $3000+ for the replacement of two sliders. This doesn't seem right. Can they just change the game plan with a simple vote of the association?
Do I have any recourse for breach of contract?
Can I take the realtor and association to small claims court to recover this?
I need help on this. Every seal in every window/door in my unit was broken and so I have lived with fogged windows for over three years while the association amassed enough money to finally start replacing them. My unit was worse than any other in the complex.
Any advice you can give me would be most appreciated. I am so frustrated!!
KerryL1 (California)
Posts: 14,550
Posted:
If your CC&Rs say the HOA is responsible, then it is. Ours say the same thing and though many of us in our high rise have the same number of windows and doors, about 10% have more doors and more windows.

But if xx% vote that to change the CC&Rs to, say, a replacement cost per door to be paid by the Owners, you're probably stuck with the bill. Most CC&Rs can be amended by 67% of the Owners approving or 75%.

Btw, how old is your complex? Our litigation against our developer for construction defects included failed butyl window seals and our settlement funds have paid to replace those windows.
KerryL1 (California)
Posts: 14,550
Posted:
If your CC&Rs say the HOA is responsible, then it is. Ours say the same thing and though many of us in our high rise have the same number of windows and doors, about 10% have more doors and more windows.

But if xx% vote that to change the CC&Rs to, say, a replacement cost per door to be paid by the Owners, you're probably stuck with the bill. Most CC&Rs can be amended by 67% of the Owners approving or 75%.

Btw, how old is your complex? Our litigation against our developer for construction defects included failed butyl window seals and our settlement funds have paid to replace those windows. But, if you've been there 3-1/2 years & it wasn't new when you bought, it might be too late.
JacquelineK (California)
Posts: 4
Posted:
Thaks for you most helpful information.
This complex was built in 1987 so not hope of recourse against the builder. They installed cheap window..
JacquelineK (California)
Posts: 4
Posted:
The other frustrating thing is that the front units have a large window where one of back units' slider is ant for the the other back unit slider they have French doors. They have not agreed to offset the cost of ours to the cost of theirs.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Jacq

Your assurances were not from the HOA. They were from a realtor. Want to sue someone, sue the realtor.
KerryL1 (California)
Posts: 14,550
Posted:
Say, JohnC, here's what the OP wrote: "The CC&Rs ... just say that the Association is responsible for windows and doors." So, the HOA is responsible.

What I'm not sure about is if the members voted, and voted correctly to amend the CC&Rs to make the Owners responsible.
BobD4 (up north)
Posts: 1,002
Posted:
Quote:
Posted By JacquelineK on 06/23/2016 3:48 PM
Hi,
I bought my unit in a 6 unit condo complex in California 3+ years ago. I was told by the listing realtor . . . Now all of a sudden I'm told that I have to pay for my extra two sliders. . . .

JacquelineK CAL :

1 - Some of the excellent commenters here from your state can answer whether whatever claim you have ( against the seller or listing realtor 3+ years ago ) is untimely or barred by Limitation of Action type law ( memories weak, evidence lost, other explanations or offset credible etc).

If the seal defects were visible - whether or not you actually saw them - you may be out of luck on that count alone with the possibility that the defects were already discounted.

2 - If the previous owner ( or prdecessors ) paid for the extra two sliders - is that the case ? , do you really think that you should now get the process free ?
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By KerryL1 on 06/25/2016 8:12 AM
Say, JohnC, here's what the OP wrote: "The CC&Rs ... just say that the Association is responsible for windows and doors." So, the HOA is responsible.

What I'm not sure about is if the members voted, and voted correctly to amend the CC&Rs to make the Owners responsible.

My post was more aimed at a "common cry" from many that say "my realtor/seller" told me so and so. This is how the OP started her post off.
KerryL1 (California)
Posts: 14,550
Posted:
I agree, JohnC, that the OP should not have written that her realtor said x, y or z. She should only have cited her CC&Rs. This would have avoided confusion. But in her first post she DID cite her CC&Rs.
JacquelineK (California)
Posts: 4
Posted:
Yes, I agree. My CC&Rs are the point and also the lack of compliance by the association president. There has been no vote. There are no minutes. He has failed to get three estimates for the work to be done (per CC&Rs) and there has been not vote to amend the bylaws. Just as there has been no vote to amend the bylaws to state that each homeowner is responsible for their sliders (if they have more than two). Additionally, the front units have a large window and french doors where the back units have the two extra sliders. That has not been addressed. I'm sorry, but I'm very frustrated and I don't want to annoy everyone else who lives here but this is not fair.

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