Legal Question in Real Estate Law in California
What rights do I have, as a condo owner, when the condo unit I share a wall with (only 2 units to a building), is vacant because the owner left due to fact she could not pay the mortgage. The unit has been vacant for over 3 months, foreclosure has not been initiated and I am worried about possible damage to my unit by fire, water damage, possible rodent infestation in vacant unit. Does the HOA have any responsibility to monitor/keep up condition of the unit if the bank doesn't foreclose?
1 Answer from Attorneys
Possibly with the HOA's assistance, you can confirm that the water has been turned off and that all doors are locked and windows closed. Keep the grass mowed and items like papers and handbills removed. If you can get access to the inside, check the condition occasionally, including position of drapes and blinds. The power will probably be off, but it would be nice to have at least one light on a timer, dusk to midnight, to give the place an occupied appearance to passers-by and to deter break-ins. The HOA's interest is probably lesser than yours, and they may worry but not act. As to the bank, it may have hired a local contractor, or may do so after foreclosure, to perform periodic inspections and maybe a little caretaking (or it may not). Foreclosure isn't necessarily going to solve these problems, either. Banks end up being the "successful" bidder on a high percentage of foreclosures, and the properties remain vacant.