ZhuoY1 (Iowa)
Posts: 8
Posts: 8
Posted:
My air conditioner was broken. The AC repair contractor said that it was ruined by pets urine and need to be replaced. My unit is on the 2nd floor. The AC is put on a common area near the complex.
I informed HOA of the damage. HOA stated that it's our responsibility to maintain the AC.
I talked to an experienced investment agent who also has several rental properties. He said, owner is responsible for the maintenance of AC, like normal wear, but NOT responsible for the damage caused by pets urine. The AC is located on a common area, HOA is responsible the maintenance of common areas and is responsible for any damages because they failed to do so. He also said the liability insurance that HOA carries should cover this kind of damages.
Then HOA said, they are not responsible for any damage of any personal property or exclusive use property caused by another owner, owner's tenant or their guests. The thing is, our AC is located in a common area, so we can hardly find any evidence that a particular owner/tenant should be responsible. It's possible that our downstairs neighbor's dog is responsible, but one cannot rule out the possibility that other dogs in the community had also urinated on our AC. Dogs from outside the community may also did it, as this is not a gated community. The only thing we know is, they failed to maintain the common area and pets had been urinating on it a lot (there are many dog urine spots). So it should be their responsibility.
Do you have any suggestions on how to deal with HOA?
I informed HOA of the damage. HOA stated that it's our responsibility to maintain the AC.
I talked to an experienced investment agent who also has several rental properties. He said, owner is responsible for the maintenance of AC, like normal wear, but NOT responsible for the damage caused by pets urine. The AC is located on a common area, HOA is responsible the maintenance of common areas and is responsible for any damages because they failed to do so. He also said the liability insurance that HOA carries should cover this kind of damages.
Then HOA said, they are not responsible for any damage of any personal property or exclusive use property caused by another owner, owner's tenant or their guests. The thing is, our AC is located in a common area, so we can hardly find any evidence that a particular owner/tenant should be responsible. It's possible that our downstairs neighbor's dog is responsible, but one cannot rule out the possibility that other dogs in the community had also urinated on our AC. Dogs from outside the community may also did it, as this is not a gated community. The only thing we know is, they failed to maintain the common area and pets had been urinating on it a lot (there are many dog urine spots). So it should be their responsibility.
Do you have any suggestions on how to deal with HOA?