Legal Question in Construction Law in California
The condo building I reference is in Pasadena, CA 91101. The water pipes for these units are expose and many of the units can see calcium deposits and signs of leaking at the joints. It would appear that improper use of materials or workmanship has occured. We have been told that because the pipes are inside our units and not in a common area the Board is not responsible for assisting the owners with a construction defect lawsuit, we were told we each have to approach the builder individually. I've read the Sterling-Davis website and it says that the Board is responsible to investigate construction defects. Does the Membership have action against the Board if the Board continues to refuse to assist with possible defects?
2 Answers from Attorneys
Yes, you can take legal action against a HOA board for failure to fulfill its obligations.
Be sure to distinguish between an obligation to coordinate and assist in an investigation, on the one hand, which the HOA has, and liability for correcting the defects (or obliging the contractor to do so), on the other hand, which it may also have - but not necessarily. These responsibilities are not the same.
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