Legal Question in Real Estate Law in California

real estate/HOA

My HOA needed access to our bathroom to fix a ''common pipe'' in our building. They said it was there responsibility to pay for it. On the day the plumbers came to jack hammer our tile they said they would only pay for the pipe and cement laying, not the tile or any other damage that occurs. At first we did not let them start but we were threatened by our HOA. They also said they could come in without our permission since it was considered an emergency (which is in our CC&R's). Now there is a four foot hole in our bathroom, they have ruined one of the walls and damaged the floor boards. The HOA told us it was part of being the homeowner and we are responsible for all the damage which has occured. There is nothing specific about this in our CC&R's, what action can I take? Should I take them to small claims after I fix it, or is there something I can do before I have to pay to have it fixed?


Asked on 11/24/08, 9:09 pm

3 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: real estate/HOA

For Pete's sake, file suit if they won't pay. Unless you want to live with it as is, you're going to have to get it fixed and try to get a judgment in due time.

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Answered on 11/25/08, 12:47 pm
David Gibbs The Gibbs Law Firm, APC

Re: real estate/HOA

Just to jump on with the comments left by Attorneys Nelson and Whipple, they are correct. Even without reading your CC&Rs, I can say with a great deal of certainty that the HOA is responsible for the repair of any collateral damage caused by their repair. They are insane if they think that you should pay to repair the wall, and are hoping that you will not assert your rights to save money. Make a written demand on the HOA to repair the hole within 5 days, and if they don't, do it yourself (have a contractor do it) and take them to small claims court (or, your HOA should have an Alternative Dispute Resolution Policy which would allow you to force them to arbitration). Good luck - some HOA boards need a good smack in the head to do what's right.

*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 11/25/08, 1:13 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: real estate/HOA

HOAs aren't lawyers and the person who is speaking for it may be incorrect in interpreting the rules. I can't say for sure that their interpretation is wrong, but if a "common" pipe needed emergency repair, I'd be inclined to think that "collateral damage" in fixing it was a common cost. Ask the HOA if they have a management-consulting firm or lawyer with whom you can discuss this experience. Once you have an explanation from someone who supposedly speaks with authority, you'll have a clearer picture on whether your proposed small-claims suit has merit. Possibly, just discussing the issue with the HOA's advisors, assuming they have such and many do, it will get settled without the need for suit.

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Answered on 11/24/08, 9:32 pm


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