Legal Question in Real Estate Law in California
What can be done about HOA and management company refusing to make repairs? I live in a condo building with about 20 units. Six months ago both of my showers started having random temperature fluctuations. One of my guests was burned and nearly fell. Since then I've learned that four other units are having the same problem. We have all been making repeated requests to the building management company to make repairs. The manager ignores all communications or takes weeks or months of repeated requests before responding -- with non-answers. The Board members are also difficult to get in contact with, and even when we do they say they'll get back to us -- then nothing. What can be done? Can they be sued to do their jobs, or be forced to pay if anyone is injured or other water problems arise as a result?
1 Answer from Attorneys
They can be sued, and/or replaced (at least eventually), but I'd suggest that the aggrieved owners have initial (free) discussions with one or more attorneys who specialize in HOA and condo operating problems before deciding to file suit. I'd say the HOA board and the management company are (probably, by now) well aware of the problem and have made at least some preliminary inquiries into what it would cost to fix, and the numbers (or other information) are scary. Sometimes when a problem is more expensive to fix than your budget allows, you just leave it for your successor to deal with. Does the HOA board hold open meetings? If so, several of the concerned owners should appear and ask appropriate questions as to when action will be taken.
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