💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

EricL8 (California)
Posts: 5
Posted:
I am a condo owner in an HOA that has had to deal with a leak under the slab. Water was coming from a shared garage space and they eventually came into my condo and started drilling to find the leak. Due to unforeseen circumstances the leak was much harder to find than originally anticipated. I ultimately ended up with 3 holes in my floor through the slab and about 20 square feet of holes in the drywall.

I am now in a fight with the property management company who says that they were responsible for the leak and not any of the damages they made to get to the leak. I have attached part of our community agreement that we are arguing over. He keeps referring me to paragraph 6, but I believe paragraph 7 clearly states they must repair the damage. His interpretation of the sentence is, "That is referring to any damage caused due to lack of entry access such as breaking a window because access was not available." I want to make it clear that none of the damage was caused by the leak, it was all caused in an attempt to get to the leak.

The pipes were definitely the HOA's responsibility to fix and there is no debate there.

My wife and I will be presenting a case to the HOA board on Thursday. What does everyone think?

EDIT: I can't attach the document, so I have transcribed the part of the agreement I am referring to:

6. Owners Right and Obligation to Maintain and Repair: Except for those portions of the Project which the Association is required to maintain and repair, each condominium owner shall, at his sole cost and expense, maintain and repair his Living Unit and the glass surfaces that are immediately adjacent to or otherwise serve his Living Unit. Each owner shall have the exclusive right to paint, plaster, panel, tile, wax, paper or otherwise refinish and decorate the inner surfaces of the walls, ceilings, floors and doors bounding his Living Unit.
7. Entry for Repairs: Upon consent of the owner, which consent shall not be unreasonably withheld, the Association or its agents may enter any condominium when necessary in connection with any maintenance, Landscaping or construction for which the Association is responsible. Such entry shall be made with as little inconvenience to the owner as practicable and any damage caused thereby shall be repaired by the Board at the expense of the Association. The Association or its agents may enter any condominium without the consent of the owner in the case of an emergency threatening substantial damage to the Project.

MelissaP1 (Alabama)
Posts: 13,836
Posted:
So where is your insurance playing a role in this?

Former HOA President
JohnC77 (California)
Posts: 562
Posted:
First off, the two sentences you posted don't cover what the responsibility of the owners and the responsibility of the association in regards to each unit.

You beef is with the association, not the property management company, as they should only be proceeding with what they are authorized to do. Depending on the scope of the damage the insurance company might have been needed to bring in. You can also bring your insurance company in and have them represent you against the HOA insurance.

None of the money is coming out of the pocket of the management company, only the HOA's or yours.
AugustinD
Posts: 5,144
Posted:
-- I do not think you will get intelligent responses to the substance of your post until you provide the entire Declaration. (This forum requires participants to remove identifying information from such postings.)

-- I tend to agree with the manager that paragraph 7's reference to damage refers to damage that occurs when the HOA is not freely admitted to the condo unit and has to break in, on account of emergency, say.

-- Do you have insurance on your unit?

-- Does the HOA/condo require you to have insurance on your unit?
EricL8 (California)
Posts: 5
Posted:
Our insurance is taking a look tomorrow, but our deductible is high enough that I'm almost positive we will be paying out of pocket.

The pipe in question provides water for several units, so it falls under the responsibility of HOA (this is clear in the CC&R). So I guess my question is, "if they need to go through my walls or floor to get to the pipes, do they need to fix the walls?"

I also think about it like this: if the pipe were going through a shared wall, then my walls get busted if I call the plumber first? Why not just wait and let my neighbor take the charge? It seems like this type of thinking could create "let someone else do it" mentality.

EricL8 (California)
Posts: 5
Posted:
Yeah, I don't think I can supply the entire document and I kind of figured I wouldn't get 100% accurate responses. My main question was on the property managers interpretation of that 7th paragraph. Thanks for your response on that regard.
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By EricL8 on 12/15/2020 2:07 PM
So I guess my question is, "if they need to go through my walls or floor to get to the pipes, do they need to fix the walls?"
Anticipate that your governing documents might very well say what is in this article:

https://www.washingtonpost.com/business/2020/01/22/why-you-might-have-foot-bill-repair-damage-your-condo-caused-by-contractor-hired-by-association/
EricL8 (California)
Posts: 5
Posted:
Thanks AugustinD. This was really helpful (if not the answer I was hoping for).
JeffT2 (Iowa)
Posts: 880
Posted:
What are the boundaries of your unit? The reason I ask is that the slab is often common area, outside the boundaries of a unit, and is the association's responsibility to repair. Similarly, the sheetrock on perimeter walls is sometimes common area. I would look up the description of your unit.

I would also look at the section(s) of your declaration concerning the maintenance responsibilities of the association, which often state that the association is responsible for repairing damage they cause to a unit when repairing the common area. That is the section you need to find.
EricL8 (California)
Posts: 5
Posted:
Thanks JeffT2. I definitely have the section that defines the slab as common area, but I haven't seen anything about the sheetrock.

I will continue to look for the maintenance responsibility of the association.
TimB4 (Tennessee)
Posts: 21,059
Posted:

Bring pictures (have enough for all board members).
Ask what they would expect if it was their property this was done to.
Be polite but firm.
Provide the references you have found.

AugustinD
Posts: 5,144
Posted:
Quote:
Posted By EricL8 on 12/15/2020 2:18 PM
Thanks AugustinD. This was really helpful (if not the answer I was hoping for).
It's not over until your condo's covenants are reviewed thoroughly to determine whether the condo association is legally obligated to pay for what it did.
GenoS (Florida)
Posts: 4,276
Posted:
For the purpose of posting a document here, the document should be as small as possible (size in bytes is critical and the limit allowed is very small). If you have a PDF program and/or image processing software, and the document is composed only of text (images will dramatically increase the size) try to make it monochrome, not grayscale. The compression of monochrome text is very efficient and I've gotten documents with a dozen pages down to a very small size that will be accepted as a file attachment here. The minute you have any images or grayscale text in a document (forget about color) you can pretty well forget about making it small enough to post here.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here