Legal Question in Real Estate Law in California

natural gas leak

I own a townhouse. I have contacted my property owner's association several times over the last several months about a gas leak on my property. It has not been fixed. The homeowners' association tells me it is PG&E's responsibility; PG&E says it is the responsibility of the association.

How much time does the association have to fix the leak? What if they don't?


Asked on 3/12/02, 11:37 am

3 Answers from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: natural gas leak

You could be living in a dangerous situation. You should contact a licensed plumber who works with gas situations, and pay to have the work done. Then, send a copy of the bill to whomever you think is really responsible.

If the gas leak is coming from your stove or heater, it could be your responsibility. If it is coming from the gas meter of before the gas meter, it is PG&E. If it is after the meter and before your appliance, it is the HOA. Demand payment from whomever you think owes the money.

If no one pays, sue the HOA and PG&E, and let the judge decide.

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Answered on 3/14/02, 11:13 am
Joel Selik www.SelikLaw.com

Re: natural gas leak

I think I might either hire someone to determine the problem and then give the bill to either PG&E or the HO association, or check the HO CC&R and see if they have to deal with PG&E or push the HOA to get it done (do request in writing, check bylaws and CCRs).

Joel Selik

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Answered on 3/12/02, 12:09 pm
Victor Hobbs Victor E. Hobbs

Re: natural gas leak

I read Joel's answer and take no issue with it. However, it does put a lot of responsibility on you to read a lot of stuff. Do write a lot of letters. That always makes the dim witted folks that you're dealing look bad when the explosion occures. You might also check with your homeowners insurance carrier. The leak doesn't appear, from your question, to be on your side of the meter. So I'd announce to all concerned that I was going to light off the leak, and dedicate the perpetual flame as a memorial to 911. Invite the HMO Board of Directors to attend, and the executives from the Gas company. A weiner roast would also be nice. I'd consider inviting all the neighbors. And be sure and have at least three clerics to dedicate the flame. If you can find a Muslim cleric that would be nice. Maybe a rassling match between a Jewish Rabbi and a Muslim Mullah could arranged. No beard tugging allowed. You just have to love the mentality of the HMO and the gas company. Personally I'd hire an out of work aerospace engineer to light it off, and I'd be out of town. God bless you. My prayers will be with you while you're dealing with this problem.

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Answered on 3/12/02, 2:16 pm


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