Legal Question in Real Estate Law in California
Does HOA have a right to force homeowners to replace shower mixed valves? we have been having issues with hot water here for a while and just received a letter from HOA stating based on their investigation the management discovered that shower valves in each unit of our building are wrecked and rusty, therefore needs to be replaced. They never oince sent a maintenance to check inside so I am not sure where they are getting this from and they are just forcing this on us. I don't think they have the authority to even impose such a request inside of my condo and they gave us just 5 days to accomplish that otherwise they will force us to do that. I think this is very illegal, please advise.
thomas
1 Answer from Attorneys
My understating is that the mixing valves are inside the the wall. They also are likely to be in a wall shared by a common area or another unit. So it may actually be the HOA who has to replace all the valves and not individual homeowners. In the long run, all the homeowners will end up paying the cost because they are members of the HOA, but the HOA may be able to get a cheaper per unit price because of the volume, and it buys you some time.
Since it is not an emergency there is no need to give you only 5 days. I do not understand what they well do to force you to act. You should go to the next board meeting with other unit owners to complain.I agree that if it is your responsibility that they may not ahve any right to force you to chage something in your unit unless it is having a significant effect on the complex. Perhaps the mixing values will save on the usage of water?
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