Legal Question in Real Estate Law in California
HOA trying to collect reimbursement for cost not my fault. Threatening a lien.
State: California
In January of this year I needed to replace the hot & cold water fixtures in my master bath. As I am on the 3rd floor of a 3 story condo complex, and the 2 units below me all share a common water stack, I sought and got verbal permission from representatives of each unit.
While I had the water stacks turned off, an individual in the first floor unit turned on their guest bathroom sink faucet, did not turn it off and then proceeded to leave the unit.
When I turned on the water to the stacks, water began flowing out of the open faucet, and because the individual in the first floor unit was not home, the water ran unabated for 5 hours flooding the first floor unit, the neighboring first flood unit and common area carpeted hallway.
The HOA states that I am responsible for the flooding and this is when the following charges started appearing on my HOA dues bill:
$516 for cleanup to the common area hallway carpet
$1213 for clean-up to the 2 first floor units
I wrote a letter to the HOA asking to put in writing exactly why was being held accountable for these charges including exactly what CC&R Rules were violated which hold me accountable.
Their response was that my turning off the water stacks resulted in a �chain of events� that lead to the flooding.
When I responded that a setting off a �chain of events� does not meet any legal criteria the responded with, �This assessment is not based on any violation of the rules & regulations. It is not a fine or penalty. The assessment is strictly for reimbursement��
The Management Company who collects our HOA dues has now charged me a $150 late fee (the total is now $1,879) and they are now threatening to place a lien on my property. To date I have continued to pay my regular HOA dues, but not the assessments.
In order to avoid trying to go to court I have tried to settle this with the HOA by stating that I would pay the $516 for the cleanup to the common area if they would sign a letter drawn up by a lawyer stating that I was not admitting fault or responsibility. I believe I need this as I do not want to open myself up to future claim by either of the first floor units or their insurance companies. The HOA have refused my offer saying they will accept the $516, but will not release me from liability.
Extenuating circumstances:
1 � The person who left their faucet open already owes the HOA more than $6,000 is back HOA dues (I know this as I have been told this by individuals in the condo complex, 1 of which was on the HOA board. I personally feel the reason the HOA is coming after me for these assessments is that they know they will never get further money from this individual.
2 � The person next door who�s place was damaged by the flooding was, at the time, the Treasurer for the HOA and is now the President of the HOA.
3 � Unfortunately I did not have homeowners insurance at the time the incident occurred (I was between companies � I hence have Home owner�s insurance again).
Here are my questions:
- Based on the above, can a lien be placed on my property?
- If so, how do I fight it?
- Can the HOA ask for reimbursement even though they cannot site any CCR rules violated and their best explanation as to why I am responsible for these charges is that I �set off a chain of events� that led to the flooding. (Keep in mind I did get permission to turn the water off).
- Can I threaten to sue my HOA for any type of harassment, threatening of the lean or HOA mismanagement as they continue to insist that I am at fault even though they cannot site and CCR rules violated.
- Can I also sue for mental & emotional duress as we do not feel can comfortably live in our condo complex due to threatening e-mails I have received from the HOA.
I would also accept any other advice that anyone has on my current situation.
Thank you all in advance.
1 Answer from Attorneys
To answer your questions:
1. Nobody can tell you if the HOA can place a lien against your unit without reviewing the CC&Rs;, the association's delinquent assessement collection policy, and other governing documents for the association. Generally, yes they can place a lien without your consent and without any Court proceeding or intervention, but without reviewing the actual governing docs, it is impossible to say if YOUR association under THESE facts can do so. I suggest you contact a local attorney to review the documents and provide you with an opinion as to their ability to do so.
2. You can only fight an assessment lien by filing a lawsuit seeking an injunction and/or declaratory relief. Again, turning back to the answer marked number 1 above, upon reviewing your governing documents, you may be able to pre-empt their filing the lien by requesting Alternative Dispute Resolution regarding the reimbursement assessment, but if you lose there you had better be prepared to pay up or a lien will certainly be placed against your unit.
3. Again, as with answer number 1 above, to answer the question as to your association, one would need to review the governing documents, but generally yes, an HOA can seek reimbursement for damages caused by your activity, even if there was an intervening event which contributed to the problem. I see your point - please don't think that I am trying to argue with you, but looking at this from the HOA's side, they are going to pursue you as the cause, and you may be entitled to go after the first-floor unit owner for contribution. They almost always have the right to seek reimbursement from unit owners for damage caused, so the question becomes are you to blame - that is something you need to review with a local attorney after they have reviewed the governing documents.
4. The HOA, based on the information you provided, is not harassing you. They are doing their job as members of the board of directors and the management company trying to keep the HOA solvent. Threatening a lien - assuming they have the legal rights in their governing documents to actually assert a lien - is not harassment, and it is not illegal, even if they turn out to be wrong. Just because you believe them to be wrong doesn't turn this into harassment - each story has two sides, and so long as the board has exercised reasonable judgment, they are most likely protected from any liability to you. You can threaten to sue them all you want - there is no law against that - but you will probably have to actually sue them to resolve this as it does not sound as if they are going to back down.
5. Not likely, but again, you need an attorney to review all of the facts in detail. You did not mention in the post that they were harassing and/or threatening you - if they are simply attempting to collect the debt, their activity is likely protected. It is a question of fact, and since there are no facts in your post about threats or harassment, it is not possible to answer that questions.
Good luck - I see your side of this and agree that the first-floor unit owner is likely responsible, but you are going to have to spend some money to seek legal counsel to resolve this given the HOA's firm position on the issues.
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