PamG4 (California)
Posts: 3
Posts: 3
Posted:
I am a member of a HOA and currently struggling with a citation for our garage door. Under our CC&Rs, owner is to maintain all the hardwares and the HoA maintain and repair the external surface, including the painting thereof. Now I backed into the door a few years ago and the door was repaired and currently operated without any problems. The two lower panes have some minor dents on it but there is no rust or mechanical problem. They have wrongfully cited us for not keeping our door “neat, clean, and attractive” and would like us to replace the entire door. However this explicitly applies to exclusive use areas (patio/deck) not doors. We requested that they give us a proper citation so that we can move forward. We have got no real response and now apparently some document is being set from their legal. I think they are claiming that since the we the owner cause the damage, we are responsible for the cost of the repair/replacement.... which we have, just not to original condition.
My question is what is our obligations as to “maintaining” the door. It is operational and not structurally compromised. There is nothing on the documents regard to “beauty clause” except that we have to maintain the entire general property in “good repair”. Can they make us do it just because they want to? We are not demanding that they fix it. We are actually in escrow and the door passed physical contingency with no comments attached. (The dents were disclosed). Therefore, our buyers are not requesting this repair as well as physician contingency has already been lifted.
What am I missing??? 😬
My question is what is our obligations as to “maintaining” the door. It is operational and not structurally compromised. There is nothing on the documents regard to “beauty clause” except that we have to maintain the entire general property in “good repair”. Can they make us do it just because they want to? We are not demanding that they fix it. We are actually in escrow and the door passed physical contingency with no comments attached. (The dents were disclosed). Therefore, our buyers are not requesting this repair as well as physician contingency has already been lifted.
What am I missing??? 😬