Legal Question in Real Estate Law in California

HOA sliding glass door won't pay

A sliding glass door in our condo no longer closes properly and 4 contractors have said it is due to settlement of the building (4 unit self managed condominium). One member of the HOA is stating that the CC&R's are not responsible for the slider eventhough the CC&R's state that ''all common areas'' and ''exterior glass surfaces'' are to be repaired and maintained by the HOA. They also state the the deck (which is right off the slider) is a ''restriced common area'' but the neighbor is trying to say that it is not a common area. Who is right and how can we make the HOA pay for this repair (lowest repair cost is $2200 and involved removing exterior stucco from the exterior, re-leveling, rehang new door, and re-stucco the outside portion.


Asked on 7/15/08, 11:25 am

2 Answers from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: HOA sliding glass door won't pay

You have to have a lawyer review the CC&R's and bylaws and then send a letter.

Read more
Answered on 7/15/08, 9:47 pm
Ryan P. McClure The Law Offices of Ryan P. McClure

Re: HOA sliding glass door won't pay

You have two options. First, you can have a lawyer review your governing documents to determine whether it is an item covered under the HOA Master Insurance policy. Second, you can file a small claims action and have the small claims judge determine whether it is covered.

Read more
Answered on 7/17/08, 2:02 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in California