Legal Question in Real Estate Law in California
HOA charging us for common area repair
We received a bill from our HOA for a repair done to a broken pipe in the common area of our neighborhood. They claim since it is our domestic line, we are responsible. Our problem is that this repair was unauthorized. We were never notified until we received the bill. We were not given the chance to try to repair it ourselves or get a second opinion. The leak was minor and was not causing an emergency. We were told that this issue will be discussed at the January Board Meeting. In addition, nine days after the bill was sent to us, we received a notice from the HOA Accounting Department charging additional late and interest fees for the amount of the bill. Is it legal for an HOA to repair something without the permission of the owner? What is a legal amount of time to assess late and interest fees? We feel that the bill is on hold since it is going to be discussed at the board meeting. Also, there was no mention of such fees.
Thank You.
2 Answers from Attorneys
Re: HOA charging us for common area repair
Sounds like the HOA hired a property manager to manage the building and that there's a lack of communication between them. As a homeowner and member of the HOA, you have a right to be informed about every expense authorized by the HOA. If you were not informed timely and property, you have a valid dispute, and the HOA and its property manager should get on the same page and recall the bill and late fees. If they do not, you have the right to call a meeting yourself and discuss the bill and the initial problem that led to it. Good luck.
Re: HOA charging us for common area repair
All of your questions can/should be answered by looking to the CC&Rs, the recorded "contract" between the HOA and its members. When you bought the place, you were likely provided with a copy of the CC&Rs. Look to this, and the various rules of the HOA can be found here.
If push comes to shove, you are better off paying the bill under protest and then deciding whether to sue (or in some cases, go to arbitration) the HOA. This is because, the HOA has the right to lien your property if you fail to pay a bill. There are exceptions; but the space here does not permit an explanation.
For further advice, you should consult an attorney familiar with HOA litigation.
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