Legal Question in Real Estate Law in California

Condo Roof Repair

I am currently living in a 3-unit condo, and live on the top floor. Currently, my roof is leaking into my living room. Because this region is deemed a ''Common Area'', it is my understanding that the ''Association of Owners'' are responsible for getting this fixed.

I found three bids from various roof repair contractors who gave me estimates for repairs. My question is: Am I able to go ahead with the repairs and have the ''Association of Owners'' reimburse me for this cost? Or do I have to have a majority vote to resolve this problem.

If I can go ahead and fix it myself, do I have to give an advanced notice or can I fix it immediately?


Asked on 11/19/08, 12:54 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Condo Roof Repair

If you want to get reimbursed, or better yet, have the association contract for the repair and pay the bill once the work is completed, you need to call a meeting of the HOA (read your bylaws to determine the correct procedure to do so), and request that the HOA contract and pay for the roof repair. Unless there is something unique in your CC&Rs and Condo Plan, you are correct that exterior repairs such as a roof are generally required to be done by the HOA. I would strongly suggest that once you have the repair done in your name, you will never get the other two owners to authorize reimbursement.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 11/19/08, 12:25 pm


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