Construction workers cut water pipes of homeowner

I am an absentee homeowner living abroad much of the year with a property manager living locally. The HOA agent hired a roofing company and scheduled roof work. There is no proof showing we were notified before the work began, which is not required by law, but I was not aware of their actions that caused a water pipe to bust. The day before the demolition began, the HOA agent sent me an email offering to remove my solar water heating panels from the roof, which are personal property. At a board meeting I had mentioned concern for the panels. The removal was scheduled for the day following the email. I was traveling so did not get the email. Communication was not sent to my property manager. The workers cut my water pipe connecting the solar panels to my home without my consent. The line was not isolated so it was affected by the entire system. The plumbing situation was not checked beforehand. They also turned off the water main to my unit without notifying the tenant, who returned to the house and , unaware of the situation, turned on the water main. As a result there were two points that busted in the pipe causing $6,000 of water damage. Since this seems to be a situation of trespassing, are the workers liable for damages?

Where were the water pipes? Did the HOA have the solar panels installed? IF the panel are on common area, roofs, how is that trespassing. As a manager, I might not have the owner's property manager's contact information and my responsibility is with the owner, not the tenant or the owner's PM.

Silvia

I am assuming the damage was to your unit. If so, you begin by filing a claim with your insurance company. They will sort it all out.

Thanks for the replies. The pipes were on the roof but were connected to and part of the unit's plumbing system (not isolated). So, private property? The panels were about 20 yrs old and no longer working for all units. The situation wasn't an emergency they just wanted to continue work, didn't contact owner. Workers made assumptions the water line was not live and said this was info from HOA rep. About insurance, it happened during a change in companies so a lapse . HOA agent hired the roofing company and told them to go ahead. Is this a possible liability for HOA (and roofer)? Did the roofer trespass?

Silvia

Please answer the following questions:

1. Was the damage to your unit?
2. Did you have insurance on your unit at the time?

Please, no reasons why, just yes or no answers.

Thanks

It could get complicated......

The HOA could easily ask for reimbursement for:
- Costs for damage to any common area resulting from installation/maintenance/repair/removal/replacement of solar installation
- Costs for maintenance/repair/replacement of solar installation
- Restoration of all common areas and separate interests if the solar system is removed

So while you could go after them for damaging your piping, they could persue money from you too. The renter turning the water back on is damage caused by the renter. Yet another person involved.

No insurance? Your on your own. Time to call a lawyer.

SteveM9-- the tenant wasn't told the water was being turned off. He wasn't home and roofing company admitted no written notice was left. The workers said in an email they turned on the main. They also suggested the tenant turned on the water.

I really dont know. California, the state you are in has specific laws regarding condos and solar panels.



Thats doesnt sound like a lapse in insurance. You were covered by XX company the day the damage happened. Doesnt matter that you are with company XX now.

The bottom line is Sylvia did not understand the process of filing a claim with her insurance company. She went ahead and paid for the repair so the question is how can she get reimbursed?