EricL8 (California)
Posts: 5
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.
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.