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KarenJ5 (California)
Posts: 8
Posted:
Hello all,

Would like to hear from anyone that might have had a similar issue in a multi story condo in California and what was your solution.

Here is the issue. I am a owner on the top floor of a 3 story complex (120 units0. I am also a long time board member.

3 weeks ago I noticed a leak in garage. Sent text to building plumber to check out the next time he was on site. He notified me that is was a leak in the refrigerator water line in my stack. He went to first floor to check. Found was not there. When he said he was going to have to get access to second floor unit, I said good luck as he has never opened his door in the 17 years for any required updates that was done for all units in the HOA. Plumber tried a few times to get him to open door, but he never answered. Owner was onsite when plumber tried. Plumber also left note to call him. No response. Until this issue we have never done anything to force him to comply with any updates.

He was notified by certified mail & note on door that the HOA would be entering unit earlier this week to take care of the leak as it was damaging the unit below. He had a certain time to call to make arrangements. He never called. When everyone found the issue with the resident that he lives a very secluded live, the plumber said he would not enter as he has had too many guns pointed at him in a situation like this. Our HOA call the LA police to see if they could send over someone to be onsite when the locksmith opened door if owner did not open up, but the police never showed up (I am sure they had better things to do). With that everyone walked away for trying to get in. Owner was on site just so you know.

Because of this issue, I no longer have access to ice & filter water. The line has been turned off for stack. I never realized how much I use that system till it was taken away from me. I have notified management that I will be submitting my bottle water & ice bills. They have not objected as they plan to bill unit with all expense for the issue (plumber & locksmith time). He was notified in letter to this fact if he did not comply.

Our CC&R does have a clause that states we have the right to enter in case of emergency, so we are covered there (at least I think).

I just talked to our President to get any update. He said he is still trying to get the police to come out. I also asked to get our building lawyer involved to see if he has any suggestions. So as of right now we are being held hostage.

I have lived in unit since 1992 & never thought something like this could happen. We have never had this issue since we became a HOA in 1992. There is always one that does something like this & I was the unfortunate one that now is involved. My only recourse to let this owner know I am not happy is walking very loudly around my place. Guess it does not bother him, but it all9ws me to get out some of my frustration.

Any insight to anyone that has had something similar happen would be greatly appreciated.

Thanks.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Sounds like the President is doing what they can do. Which is contact law enforcement or get an order from the court to enter. This is still private property the HOA doesn't own. So legal access has to be gained. Until that happens not much you can do.

Former HOA President
KerryL1 (California)
Posts: 14,550
Posted:
Our owners all sigh a waiver that if don't permit access in writing and haven't given a key to the PM to keep in a safe and say, a water gush emergency happens, the HOA may break down the door to gain entrance. Has never happened, but no assn. is going to wait for a court order!
LetA (Nevada)
Posts: 2,679
Posted:
Will the Constables office help in these matters to gain access? Seems pretty cut and dry to gain access to the unit for a water intrusion emergency. Break the door down or drill out the lock. As a security guard, we had to make an emergency entry because of a penthouse infinity pool overfilling and leaking to the floors below. The owner did not have a leg to stand on.

BTW, have you reached out to your insurance carrier to file a claim? Maybe they can get the ball rolling with the legal mumbo jumbo and get this solved.
JohnC77 (California)
Posts: 562
Posted:
Quote:
Posted By LetA on 12/19/2020 2:19 PM
Will the Constables office help in these matters to gain access? Seems pretty cut and dry to gain access to the unit for a water intrusion emergency. Break the door down or drill out the lock. As a security guard, we had to make an emergency entry because of a penthouse infinity pool overfilling and leaking to the floors below. The owner did not have a leg to stand on.

BTW, have you reached out to your insurance carrier to file a claim? Maybe they can get the ball rolling with the legal mumbo jumbo and get this solved.

The Constables office???
KarenJ5 (California)
Posts: 8
Posted:
Our Police never showed up. We had made arrangements to come. Being this owner is someone is a unknown to the board & management company (someone who just keeps to themselves), our plumber said he would not enter without police present. That is where it stands now. Our CC&R’s do state we are allowed to enter for emergencies. There is a law in California that everyone must turn in a emergency form living in a HOA. This person never has, so except for an address & name, we have no way to reach the person.

No damage has been done to my unit. 1st floor had damage. I am on top floor. He is being charged by HOA for repairs to first floor. He is also being billed for my filtered water plus a lot of other charges accrued for plumber time & locksmiths time.

If not resolved by middle of January, then I will speak to someone that knows HOA law to see what my rights are against homeowner if any. I know my HOA & management will be speaking to HOA lawyer to see what he can do. Hopefully he can write letter explaining he has no way around this.

JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By JohnC77 on 12/19/2020 2:21 PM
Posted By LetA on 12/19/2020 2:19 PM
Will the Constables office help in these matters to gain access? Seems pretty cut and dry to gain access to the unit for a water intrusion emergency. Break the door down or drill out the lock. As a security guard, we had to make an emergency entry because of a penthouse infinity pool overfilling and leaking to the floors below. The owner did not have a leg to stand on.

BTW, have you reached out to your insurance carrier to file a claim? Maybe they can get the ball rolling with the legal mumbo jumbo and get this solved.


The Constables office???

Alive and well in SC. Uniformed and armed. This would be a job for them in SC:

https://en.wikipedia.org/wiki/State_Constables_in_South_Carolina
JohnC77 (California)
Posts: 562
Posted:
Quote:
Posted By KarenJ5 on 12/19/2020 2:52 PM
There is a law in California that everyone must turn in a emergency form living in a HOA.


For real..That' a new one on me.

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