MorrisL (California)
Posts: 1
Posts: 1
Posted:
I am an absentee owner of 26 years, first three a resident owner. Early years was a member of the HOA board.
I know that according to CA CCR Law, that when a Leasee/renter gives notice that there is a needed repair to the Condo, that the owner has 30 days to repair, show/written reasons for a delay or written reasons why the repair is not needed. That if that repair is not done, then the Leasee/renter has the right to do the needed repairs and charge back to the homeowner the material costs, plus labor.
My question is: Does this also apply to the HOA?
In our HOA, all land is owned by the HOA members.
EX: Homeowner has a fence that is in Common Ground and the upkeep responsibility of the HOA. The fence had a couple of rotted out posts that need to be replaced. Verbal requests to the management company and a written request to have the posts fixed were given to the Board and logged into the Repair Book by the board for the maintenance man to do. Five months goes by and the repairs are not done. Contact again with the management company asking when the repairs will be done, the answer given is it not a priority.
Off the record answer; Lazy Maintenance Man.
SO, the question is: Does this homeowner have the right to do the repairs and charge back to the HOA the cost of the material costs? The homeowner is deferring the cost of the labor as a fact that he is the owner and wishes to help out the HOA.
Our management company says "No", I say "Yes". My reasoning is we should all fall under the same rules as owners do for their leasee's. There is a safety factor here of the fence falling down and injurying someone. BUT, the main reason is that the upkeep and beautification of the units/common ground is a top priority. No matter what or who's responsibility for not keeping the units/common ground up. SO, if not done in a timely mannner by the HOA, then the owner should have the same rights.
What do you think?
What is the Law?
Reason "Why" and "Why Not" are appreciated.
Thank you
I know that according to CA CCR Law, that when a Leasee/renter gives notice that there is a needed repair to the Condo, that the owner has 30 days to repair, show/written reasons for a delay or written reasons why the repair is not needed. That if that repair is not done, then the Leasee/renter has the right to do the needed repairs and charge back to the homeowner the material costs, plus labor.
My question is: Does this also apply to the HOA?
In our HOA, all land is owned by the HOA members.
EX: Homeowner has a fence that is in Common Ground and the upkeep responsibility of the HOA. The fence had a couple of rotted out posts that need to be replaced. Verbal requests to the management company and a written request to have the posts fixed were given to the Board and logged into the Repair Book by the board for the maintenance man to do. Five months goes by and the repairs are not done. Contact again with the management company asking when the repairs will be done, the answer given is it not a priority.
Off the record answer; Lazy Maintenance Man.
SO, the question is: Does this homeowner have the right to do the repairs and charge back to the HOA the cost of the material costs? The homeowner is deferring the cost of the labor as a fact that he is the owner and wishes to help out the HOA.
Our management company says "No", I say "Yes". My reasoning is we should all fall under the same rules as owners do for their leasee's. There is a safety factor here of the fence falling down and injurying someone. BUT, the main reason is that the upkeep and beautification of the units/common ground is a top priority. No matter what or who's responsibility for not keeping the units/common ground up. SO, if not done in a timely mannner by the HOA, then the owner should have the same rights.
What do you think?
What is the Law?
Reason "Why" and "Why Not" are appreciated.
Thank you