Recourse & Rights for a Renter/Tenant renting in a HOA

Started by EricB17 • 11 replies • 286 views

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EricB17 (California)
Posts: 3

Posted:

I'm currently renting a condo from a private owner (landlord) in an old building in Encino (California). In my building, the water boiler broke 2.5 months and still has not been fixed/replaced by the HOA. I can't fix and deduct it from my rent to my landlord, as it's a common area issue. Furthermore, it's the HOA at fault in this case, not my landlord, for not fixing the problem of no hot water.

Do I have ANY recourse? I'm desperate for help.

MaxB4
Posts: 3,513

Posted:

Your only recourse is with the landlord.

EricB17 (California)
Posts: 3

Posted:

What is my recourse with him? Can I withhold rent for inhabitable conditions even though he has nothing to do with the water boilers not being replaced? Please be specific.

BillH10 (Texas)
Posts: 1,217

Posted:

You may have recourse with the City of Encino--many municipalities take a dim view of no hot water.

KerryL1 (California)
Posts: 14,550

Posted:

Yes, try the city. Your landlord is a owner/member of the HOA. He has documents recorded in CA that state the HOA will maintain the common areas. Your landlord needs to put pressure on the HOA board of directors to do their job.

Meanwhile if you know other owners who live on the premises, ask them what they are doing to solve this problem, They, for instance, are allowed to attend board meetings and can put pressure on the board to repair or replace the boiler. time to meet your neighbors!

Do you happen to know how many units the boiler serves? The whole complex? Or?

EricB17 (California)
Posts: 3

Posted:

I believe that each building in the condo complex has 1 boiler that serves maybe 30 units (just a guesstimate). Since it broke, they have 2 buildings SHARING 1 boiler so we haven't had water during the morning or day for 2.5 months now. They say the boiler was on backorder -- I don't feel like that's a fair excuse while we sit here and suffer through no hot water.

If it's already been ordered (so they did their job, technically, just poorly) but the boiler is taking 3 months to be installed, is there any recourse there?

Is there anything I can do in terms of compensation? I think it's unfair to be paying FULL RENT for 3 straight hot summer months in inhabitable conditions. Unfortunately, moving is not an option for me currently.

KerryL1 (California)
Posts: 14,550

Posted:

I know nothing about tenants' rights, but maybe someone else here does. This site basically is for Owners in HOAs.

See if there's a tenants' agency near you. Or there might be a good site like this that focusses on renters' issues.

MaxB4
Posts: 3,513

Posted:

Quote:

Posted By BillH10 on 08/12/2022 5:55 PM
You may have recourse with the City of Encino--many municipalities take a dim view of no hot water.

Encino is part of the City of Los Angeles

BillH10 (Texas)
Posts: 1,217

Posted:

Thanks Max, I should know that since I grew up near Pasadena, lived in that portion of the San Gabriel Valley until the mid-90s, and had offices in Los Angeles, La Crescenta, and Pasadena.

Regardless, talk with the City of Los Angeles or search the city website.

MaxB4
Posts: 3,513

Posted:

I had to have a gate operator replaced this year for an HOA near Los Angeles . Took over 7 weeks for the parts to arrive and two weeks to schedule installation. If delay in parts is the issue, can't see how the HOA or landlord is at fault.

LetA (Nevada)
Posts: 2,679

Posted:

You should search Davis Sterling for these kind of basic tenant rights. For example here in Las Vegas if the AC fails the owner has X number of days to fix it. If it can't be fixed. they have to either give you a portable AC put you up in a hotel until it is fixed.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

The HOA is not a direct party to your issue. The HOA is an issue with your landlord/owner. The landlord is responsible for making sure your unit is up to code/working. If it's because of a common element with the HOA, then they need to figure out a solution with the HOA.

Example: There is a gas leak in the condo. It is a gas pipe that runs through the walls and multiple units. The HOA is going to have to rip the walls out to get to the pipe to fix the issue. Well if they have to get the owners out to fix the issue, then that extends to their tenants too. You can't leave your tenants in a damaged or dangerous situation if all other owners are evacuated. It sucks for your landlord but instead of the HOA paying for their hotel it could be the landlord responsible.

There are situations where the landlords have to be responsible. This is one of them. It's not all "Sign a lease and live here". Sometimes things break down. Maintenance have to be done. The landlord has to be prepared to fix it or pay the consequences. Which in some states you are allowed to withhold a portion or all of the rent till it is fixed. You can't be evicted for it. If you get an eviction notice, you can respond with why you are witholding. That is part of the tenant's rights when it is applied. It is simply responding to an eviction notice if unfairly served or fairly served.

Former HOA President

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