CA- New Owner Responsible for Previous Owner Violation??

Started by HrL • 11 replies • 1389 views

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HrL (California)
Posts: 3

Posted:

Hello!

I am in California and hoping someone can shine some light on what our options are:

We bought our condo 2.5 years ago. Per our title co and the HOA declaration at the time of closing, there were no HOA violations. Seller did not disclose anything. Fast forward to today (2.5 years later), we receive a violation notice from the HOA regarding an old satellite dish on the roof. They are requiring us to pay to remove it and for the repairs to the roof.

We did not place the dish and have never had cable so have never used it. We also do not own the roof (the HOA does) so I am not sure how the previous owner got it installed there in the first place. I will add that it seems this rule has not been enforced properly here since most condos have them on the roof in our community. It sounds like the board decided this was something to visit now.

I certainly understand the "why" but I do not feel this should be our responsibility to pay for now since it was a violation well before we bought the property and we were given a clean title with no HOA violations when we purchased the property. I am not sure of the complete cost to repair this but to just remove the dish it is $150-$200 from the contractors I have called. If there is extensive damage, which there might be since its old and I can see a bolt coming through the overhang when I look up at the roof, so it will cost more...

Does anyone have an insight on this issue in CA? I talked to my title officer and they said it might be worth opening a title claim but since it wasn't a violation that was missed, I am not sure a title claim will even be approved or worth pursuing.

Thank you.

TimM11
Posts: 354

Posted:

Does your HOA not permit satellite dishes on roofs, and were they allowed previously?

RichardP13 (California)
Posts: 3,868

Posted:

The satellite disk was ordered and placed there on behalf of the old owner. Unless the HOA has a cable contract with this specific vendor, the disk belonged to the old owner, not you. A utility such as this is billed to a unit owner or tenant, NOT the unit itself.

If the HOA wants it removed, they can do it on their own dime.

DouglasM6 (Arizona)
Posts: 724

Posted:

HRL- You have all your answers in your post. You have a letter stating there were no violations at the time of transfer of ownership. You do not and have not used the disk. It's not your property, therefore you have no business removing it as you cannot do it legally. They cannot charge you for this. You'll need a well written letter sent registered mail, I'd use an attorney for it, that states all of these things.

Good luck. Come back and keep us informed.

PaininyourA
Posts: 215

Posted:

ditto Douglas

pay the attorney and you will have peace of mind and no stress

ask the attorney to be POLITE, simply NOTIFY the HOA of the facts

KerryL1 (California)
Posts: 14,550

Posted:

With all of the above, it's not your responsibility. This is especially so since it's not even on your own area but is on the common area.

HrL, did the notice come from your HOA's board of directors or does a management company take care of violation notices for your HOA?

Did the notice "invite" you, per CA law, to a hearing to discuss this alleged violation with the Board? In CA, owners cannot be assessed for (let's call it) damage to the common area any other alleged violation without a chance to be heard at a hearing. You must receive written notice to attend the hearing.

Before the hearing, you'd send the property manager or board member copies of your title report and your seller's disclosure notice. You'd take copies of these to the hearing. and there' more. Every year, the HOA must send you (usually comes with the annual budget) a notice about how violations are handled.

None of this will cost you anything except a little time, and with civility & positiveness, the Board may agree this is not your problem.

For more, see davis-stirling.com, Main Index, Hearings. It's very possible that you do not need to hire an attorney to handle this issue. The Board I'm on has waived fines when our Prop. Mgr. has been mistaken about the source of a violation and maybe yours will too! But we would never know about the error without the homeowner attending the hearing with evidence, etc.

HrL (California)
Posts: 3

Posted:

They are not allowed directly on the roof. They can be attached to the fascia, however. They were not previously allowed on the roof from what I understand.

HrL (California)
Posts: 3

Posted:

KerryL1 -
The notice is from the property manager who does handle them for the association. The Board is "CC'd" on the notice, however. It does not include fine or a hearing. Just a "Notice of Violation" stating that we are in violation and to contact the office once the dish is removed so their roofer can inspect it.

I am dealing with a very inept property manager. I have called her with questions before and get a lot of "I don't know" and then silence. So when I called to inquire about this notice she just said, "well, you are the owner now so it belongs to you and you are responsible for it." I didn't push the issue or argue because I wanted to research it before going back. I just told her I would look into it more...

I wonder if an attorney would be worth the cost... I am not sure on the exact repair costs but one attorney I called earlier quoted me $400 just to read the bylaws, etc... yikes.

BenA2 (Texas)
Posts: 1,273

Posted:

With Covenants, Conditions, and Restrictions (CC&Rs) the violation runs with the property, not the owner. So if the violation were on your property, it would be your responsibility, even if you were not notified of the violation when you bought it. It sounds like in this situation the dish was placed on the common area, in which case I can see why you might not be responsible. However, every condo association is different and the relationship between private and common areas can be different. For example, it is possible that you own the roof but the association maintains it. If that is the case, you are probably responsible for the violation.

When it comes to community associations, beware of advise that imply something is always true. The key is in what your CC&Rs say.

KerryL1 (California)
Posts: 14,550

Posted:

HrL. Please vista the website I advised. It's compiled by CA HOA attorney who know the CA laws about hearings. The PM cannot order you to take down the dish without a call to hearing. What make her think even the previous owner put it up?

Write a letter to the Board via the PM, return receipt requested, and request a hearing before the Board. Present your evidence that this violation was unknown to you.

Read your CC&Rs to see who's responsible for the roof. If it's the HOA, homeowners are not allowed to place anything on it (ten?) without board approval. When Ben suggests it's possible you own the roof, but the HOA maintains it, he seems to be talking about what we in CA call exclusive use common area. but I suspect that's not the case. In condos, USUALLY the HOA is responsible for the roof.

If you're not willing to do some reading, you very well may have to cough up $400 for an attorney.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Quote:

Posted By KerryL1 on 12/11/2017 5:37 PM

What make her think even the previous owner put it up?

Typically, following where the cables go is a good indication.

DavidF22 (New York)
Posts: 91

Posted:

Your complex probably has an HOA-paid roofer on site almost every day, who could climb your roof, remove the old dish and make any repairs in a few minutes at negligible cost to the community. Instead, your property manager and board members get perverse enjoyment from making you agonize over this. Welcome to the world of HOAs. Sounds a lot like mine.

Since they own the roof, you should tell them they can take down THEIR dish any time. What a bunch of idiots.

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