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GizelleZ (California)
Posts: 3
Posted:
I previously purchased the condo I was renting. The previous owner did some renovation while I was currently renting his place. The HOA Board cited the previous owner for electric , plumping and hard surface. While I was still renting, the previous owner corrected the 2 major violation in which the electric and plumping violation. The only thing that was pending was a small surface area that need to be replace with carpet. When I decided to purchase the unit, I signed the amended statement stating, that I hereby accepts full responsibility fro completing the required repairs to correct said violation after close of escrow. The only outstanding violation was noted prior on me purchasing the unit was the entry flooring that need to be replaced with carpet. When I scheduled for the final inspection since I did correct the violation. The new architectural committee, started looking for other possible violation from previous owner. My question is when the previous HOA Board member approved the rest of the renovation and they were now all corrected. Does the new Architectural committee can cited the current owner in which has no knowledge about the renovation?
JohnB83 (South Carolina)
Posts: 124
Posted:
yes

YOU are now bound by the Covenants and Restrictions
GizelleZ (California)
Posts: 3
Posted:
Even,the HOA with the previous architectural committee who cited the unit previously already cleared the renovation even the parts that were the hard surface floor area exceeded were already approved by them. However, they just appointed a new architectural member in which wasn't present during the previous inspection.

So they assigned him to do the final inspection for the floor entry.

During the "supposed to be a final inspection" of the floor entry in which I have placed with a cushion and carpet. The new arch member states that I have to removed the hard surface and placed the cushion and carpet correctly, even the problem is solved and there is no noise issue. That they need to re-inspect it for placing the carpet correctly.

Although its causing me a lot financially.I finally abide their request to remove the hard surface and placed it with the cushion and carpet correctly.

So I made another schedule for the final inspection. I was confident that this issue will be over and the case will be closed since I have corrected the final violation, but when the same guy (the new arch committee) re-inspected the unit, he saw the floor entry and cleared it. Then I noticed that he started nip picking on other area of my unit and started taking pictures of other hard surface that has been cleared by the HOA and previous arch member. Does he has the right to open another violation against me even the other board and previous arth committee had already approved and cleared the other hard surface floor that were exceeded?.

GenoS (Florida)
Posts: 4,276
Posted:
"Nitpicking".

One would hope that there would be continuity between one architectural committee and the next, but that doesn't always happen. Your board of directors should be ultimately responsible for approving or rejecting the recommendations from the architecture committee. Have you approached the board about the problem? You're probably going to have to abide by their decision but if you have something in writing from the prior arthitecture committee about the violations being satisfactorally dealt with - closed issues - then perhaps you could point that out to the board.
GenoS (Florida)
Posts: 4,276
Posted:
It won't help you in CA, but in FL most prospective buyers will obtain an "Estoppel Certificate" from the associations before the sale that lists any outstanding moneys owed by the current owner and any outstanding noticed violations of the unit/home. A buyer is entitled to rely on what's listed in the Estoppel Certificate, and in your case, if you were in FL and if you had obtained one, you would be protected from an association's claim that there were now additional existing violations. Maybe California has something similar?
GizelleZ (California)
Posts: 3
Posted:
My question is does the HOA has the right to tell you on how to install a carpet on your unit? When I decided to placed the carpet, I Initially placed the cushion and carpet on top of the hard floor surface. So, the problem was solved, no noise at all. Also, to begin with , I never had any complain from the people below me, I don't see the point.

But since they didn't like the way I placed the carpet, They demanded me to removed the hard floor surface in which It had caused me a lot, I did removed the hard surface and placed the cushion and carpet as what they called " correct placement".

Can the HOA regulate on how to install a carpet inside your unit, or is there any CC&R about this matter?

DouglasM6 (Arizona)
Posts: 724
Posted:
You need to read you CC&R's. They are different for every association. We can't tell you what is in yours. Read your bylaws as well. See if there are any rues and regulations too. It can't hurt to learn them all.
KerryL1 (California)
Posts: 14,550
Posted:
So, Gizelle, the below from CA Civil Code, which applies to all common Interest Developments in CA including condos, says that prior yto the close of escrow there are many documents you must review. Among them:

CA Civ. Code 4525
5) "A copy or a summary of any notice previously sent to the owner pursuant to Section 5855 that sets forth any alleged violation of the governing documents that remains unresolved at the time of the request. The notice shall not be deemed a waiver of the association’s right to enforce the governing documents against the owner or the prospective purchaser of the separate interest with respect to any violation...."

This suggests the HOA can still require you to fix other previously unknown violations.

But you have some homework to do: what do you CC&Rs say about architectural requirements? If the ARC Committee demands you do something, do your document give you recourse to take your issue to the board of directors? Ours do

What do your Architectural Guidelines, if any, say? None of us can know what's in your HOAs documents.

If you want o try to learn more about Calif Civil code, go to Davis-stirling.com, Main Index, Escrows.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By GizelleZ on 09/29/2017 1:40 PM
My question is does the HOA has the right to tell you on how to install a carpet on your unit? When I decided to placed the carpet, I Initially placed the cushion and carpet on top of the hard floor surface. So, the problem was solved, no noise at all. Also, to begin with , I never had any complain from the people below me, I don't see the point.

But since they didn't like the way I placed the carpet, They demanded me to removed the hard floor surface in which It had caused me a lot, I did removed the hard surface and placed the cushion and carpet as what they called " correct placement".

Can the HOA regulate on how to install a carpet inside your unit, or is there any CC&R about this matter?



Depends on what is stated in your governing documents and ACC guidelines:

https://www.davis-stirling.com/Main-Index/Architectural-Guidelines

Unfortunately you need to look at your own documents which we cannot see.

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