Legal Question in Real Estate Law in California

Negligence and Liability: What are my rights?

My home owners association has a property management company to perform routine functions such as: interfacing with owners, managing fees, hiring maintenance staff and sending violation letters. The property manager uses his office address as the address for all HOA matters. I sent a letter with a copy of an estimate to have my skylights replaced. I asked them what forms I needed to complete and if I may proceed. This company gave me approval over the phone to proceed with the work. Now, that the work is done, they tell me that I installed the wrong style of skylights and must replace them. When I showed them my documentation, they claimed that they did not understand the word ''replace.'' They thought I meant ''repair.'' And that it wasn't their job to interpret my estimate which detailed the replacement- which included model numbers and descriptions. I feel that they were negligent in telling me that I needed to have my request approved by the board and that there were standards for skylights. They admitted to having a copy of the CCRs and the forms I needed. They were in a position to know and to seek clarification. And they did neither. Are they liable for the damage? It will cost me $1,000 to fix this.


Asked on 6/05/08, 9:59 pm

3 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Negligence and Liability: What are my rights?

I agree with Mr. Gibbs, except that if you follow his advice and work through the HOA's dispute-resolution procedures, you may end up not needing a lawyer. It's hard to justify retaining a lawyer for a $1,000 dispute.

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Answered on 6/06/08, 9:28 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Negligence and Liability: What are my rights?

I am not sure of the nature of the dispute or question. Contact me directly.

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Answered on 6/06/08, 1:33 pm
David Gibbs The Gibbs Law Firm, APC

Re: Negligence and Liability: What are my rights?

You have to remember that anything that the management company does, they do as agents of your Homeowners' Association. Without reading the management agreement between the company and the HOA, I can almost assure you that your HOA agreed to indemnify the management company for anything but fraudulent acts, which means any lawsuit against the management company is ultimately a lawsuit against your HOA (you and your neighbors). There are specific Dispute Resolution procedures for HOAs and homeowners - I would avail myself of them by requesting a hearing before the HOA Board, make them aware of the problem, and request that they grant approval of the change. Either way, you need to retain the services of an attorney who specializes in HOA disputes.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 6/06/08, 4:01 pm


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