Legal Question in Real Estate Law in California
HOA responsibility to repair damages awarded in settlement
I live in a home, one of approx 100 in a homeowner's association. The homes had a variety of ''construction defects'' and the HOA made each homeowner relinquish the right to get their individual defects taken care of because the HOA put forward a suit representing all the homeowner's. One of the alleged construction defects relates to our front door which is severely rusted. The lawsuit settled over a year ago and rusted front doors was listed on the settlement. Now the board has been taking a long time to decide on which repairs to proceed with because the settlement is not enough money to cover all the repairs to all the homes. I know that certain board members (who do not have rusted doors) are stalling the repair work and say now that the HOA does not have responsibility for the doors. The board members are arguing about this, but in any case do not anticipate repairing the doors for at least 6 more months. This would be over two years with the door badly rusted and over a year and a half since the lawsuit settled. Do I have a right to demand repair or replacement and if so what is the time frame they are required to do this?
3 Answers from Attorneys
Re: HOA responsibility to repair damages awarded in settlement
The settlement agreement (or judgment) probably has language which would affect the rights and duties of the HOA and its members who were represented in the suit by the HOA. However, construing and enforcing the agreement and the HOA's responsibilities is likely to be a major task (esp. in a development of this size). I believe you are best advised to align with other owners with similar issues and everyone chip in to get an attorney to review the settlement, the HOA bylaws, and related documents, and advise based upon actually having read the paperwork.
Re: HOA responsibility to repair damages awarded in settlement
Most construction defect suits do not settle or do not result in a judgment that allows all problems to be repaired. The attorneys receive their portion as agreed and the HOA must look at funds received and most major probs to repair. The board and directors have individual responsibility and it is my recommendation you join with others with similar interests to make your arguments known and to help steer the HOA in the best direction possible for all concerned. You and your group may wish to retain counsel to help. Construction defect work is where my senior associate and I began our practices and we have been on both sides of these matters. Call if you wish to discuss. Don Holben 800-685-6950
Re: HOA responsibility to repair damages awarded in settlement
Absolutely you do but there are problems to this. You demand will probably go unanswered just like it has been in the past. You need an attorney who deals with homeowners associations. The more of the homeowners who are disgruntled the better. What they would have to do is band together and have the attorney represent them all in their claims applicable to this settlement. This happens all the time when a settlement is made the does not cover the cost of repairs. The question initially as was the settlement good and the air based upon the facts. There could be claims against the Board of Directors for improper settlement of the case. For breach of responsibility in getting the repairs started immediately am in numbers of other claims I can think of. My best advice is seeking the aid of a good homeowners association attorney who represents not the associations but individual homeowners. I've been doing this kind of work for 30 years and if you wish to contact me I am in the San Francisco Bay Area at 925 -- 945 -- 6000.
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