Legal Question in Real Estate Law in California
Inherited HOA issue
The condominium units I'm in we're built with wall-mounted air conditioning units located in the side wall of the garage. The Rules & Policies Booklet states that these garage units may be replaced with roof-mounted units. If that is done, the old unit must be removed, and the common wall must be repaired.
I recently replaced the existing roof-mounted unit with a new one. I then received a letter from the association stating that I must now remove the old wall-mounted unit in the garage and stucco the wall. I was not the first person to install a roof-mounted unit, I just replaced the existing one. The person (prior owner) that first replaced the wall-mounted unit in the garage should have removed it and repaired the common wall on the side of the garage.
The association failed to enforce the rules with the owner that first installed the roof-mounted unit. The HOA is now telling me that when I purchased the condo, I inherited any and all problems such as these. I disagree.
What does the law state about this? Should I have been informed of this during escrow? Can the HOA force me to remove the old unit and fix the wall, even though I didn't install the first roof-mounted unit?
Thank you.
1 Answer from Attorneys
Re: Inherited HOA issue
I'm not that familiar with HOA law, which is kind of a specialty, but since you may not otherwise get an answer, let me give you a guess based on general legal principles. My hunch is that the HOA does have the power to require you
to bring your unit into conformity with the overall plan, and that you in turn have a claim against the previous owner (an action for which may now be barred by a statute of limitations) for reimbursement for the cost.
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