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RusapatH (Georgia)
Posts: 4
Posted:
Hello, I would like to hear what everyone thoughts and comments. Thank you in advance. Here is my situation...

I own a townhome (rental property) and one day my tenant texted me and told me there was leak outside of the unit. While I was trying to figure it out who responsible for it, my tenant told me that there was a plumber fixing the leak. I found out that the leak was on the pipe before the shutoff value. That means even if I turn the main valve to the unit off, the leak was still going. I thought this must be the community responsibility. However, HOA send me the bill for $1147 for the repair cost.

1. Would you think that leak is the homeowner responsibility?
2. Assuming that it's homeowner responsibility, can HOA call for the repair without notifying homeowner and send them the bill?
3. I'm not agreed to pay but I guess I will have to. Is there a way to fight to get the money back after I pay?

Note: I could have tried to fix the leak myself or hire someone and it would be a lot cheaper. HOA told me it's big repair. Concrete need to be removed and earth need to be dig up and water is everywhere. I went to the house after the repair, there was no new concrete and it's very little ground was disturbed.

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TimB4 (Tennessee)
Posts: 21,059
Posted:
1. Would you think that leak is the homeowner responsibility?

Possibly. Was the leak caused by something the tenant or a tenants guest did?
What do the governing documents specify?

If the documents specify that pipes on common area is the Associations responsibility and the break was on your property, then it may be your responsibility.

2. Assuming that it's homeowner responsibility, can HOA call for the repair without notifying homeowner and send them the bill?

In an emergency situation (and a water main leak would be an emergency) the Association typically has such authority. Read your governing documents to be sure.

3. I'm not agreed to pay but I guess I will have to. Is there a way to fight to get the money back after I pay?

Write on the check that you are paying under protest and consult an attorney (as you will likely need to go to court to have a ruling).

Another option is that you contact the Association and specify that you are disputing the charge and ask for an itemized bill.
Then call plumbers and get written estimates on what they would have charged to do the same repair.

Keep in mind that labor costs for an emergency is typically higher then for a job that they can schedule for their convenience.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Forgot to mention that the asphalt and concrete work may have been by the main valve (wherever that is located) to shut off the water going to your valve to make the repair.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
The rule of thumb of water repair. Anything between the house and the main is the homeowner's responsibility. If it's between the main and the road, it's the Water department (HOA in certain conditions). Now each HOA is different. Not enough details to determine your HOA, Water department, or homeowner responsibility for sure. That is because not sure how/who pays the water bill.

Our HOA we used to pay for water in our dues. When a line broke the HOA was entirely responsible for repairs. Which got extremely expensive. So they changed it so that everyone has separate meters and owners are now responsible. The previous set up allowed us to turn off the water for not paying your dues. The new separate meters we no longer could. That is also when the house to meter was owner and meter to street Water department. The HOA could/would contact the owner or water department if a leak occurred. However, repairs they did not pay.

The HOA may have been in their rights to have made you pay the repair bill. You have to keep in mind this... If the HOA pays your bill it means ALL the owners are paying your bill. The HOA is ONLY funded by it's owners for it owners. It may be that the HOA members don't think this is a responsibility of theirs if a member incurs leaks. If that is the case, then it's agreed that individual owners pay.

The HOA could hire and fix this leak in an emergency situation. A water leak isn't something you can choose to fix on your timeline. We had a water leak so bad it was flooding several yards. The water department HIGHLY frowns upon not addressing leaks ASAP. The HOA may not have had a choice but to have fixed it ASAP. As you were not there to confirm how bad it was nor what damage it caused, the HOA took matters into their own hands. Which they did incur damages which they are in their right to minimize. The court will look at it as such.

I would pay the bill and move on. Next time set up a better communication to address such emergencies.

Former HOA President
RusapatH (Georgia)
Posts: 4
Posted:
I would not think the leak is caused by the tenant. Otherwise, he would have said something. Thank you very much for you suggestion.
KerryL1 (California)
Posts: 14,550
Posted:
As others have said, read your governing documents to see who's responsible.

But also, What is your HOA's policy about billing Owners? This also should be in your documents somewhere, maybe your CC&Rs, your bylaws or in some sort of Rules & Regulations.

In CA, we Boards of Directors/HOAs must send a notice to the Owner calling them to a hearing before we can bill them for repairs or damage. That way, the Owner can ask questions, etc. Then the board votes on a decision in private. So, if your own docs don't have a written policy on this, maybe GA statutes do.
RusapatH (Georgia)
Posts: 4
Posted:
Thank you very much Tim, Melissa and Kerry. I will read the document to see what I can find in there. Thanks you all.
RusapatH (Georgia)
Posts: 4
Posted:
I have some question about the protest. Do I need a lawyer to bring this case to a small claim court?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Bringing it to small claims court, no.
However, the Association will likely still be represented by an attorney and may have legal avenues to kick the issue to a higher court that does require an attorney.

It can't hurt to consult with a local attorney to know all of your options.

As for paying under protest, I offer the following:

Under Protest Law and Legal Definition from USLegal

How to Endorse a Check During a Dispute from expert law

THE RECOVERY OF MONEY PAID UNDER PROTEST. 1981 article in the American Law Register

JeffT2 (Iowa)
Posts: 880
Posted:
Call your insurance company and file a claim. Sudden and accidental leaks are often covered. A good insurance adjuster can check your documents and help you sort this out, and arrange to pay for the repair.

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