HOA Responsibility?
Hello,
I am having an issue where rodents are climbing down the bathroom air vent on my roof in my townhouse and getting into the space between my ceiling and roof. I am wondering who is responsible for getting rid of the rodents, cleaning the space in-between the roof and ceiling and covering the roof vent with a screen to prevent further rodents from entering. Who has the legal responsibility to handle this me or the HOA? I have been emailing back and forth with them and they refuse to help me even though it is an issue surrounding the roof.
Best,
Harris
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I assume that you are actually a condominium and not an HOA because you believe that a roof issue is the associations problem. If that is correct your unit begins at the paint on the wall and everything inside of that tru to the roof and exterior walls is the responsibility of the association. The rodent infestation is their responsibility to address with both extermination and prevention from any further infestation. Your governing documents will President define the boundaries of your unit and the common property. Point that out to your association board and demand that they do their job.
Dennis
Thanks Dennis, I really appreciate this feedback. As this confirms what I thought too, that the HOA is responsible. I have been pushing hard on the board to resolve this issue for me. But they currently are unwilling to do anything or take any responsibility for the issue of rodents entering into my unit from the bathroom air vents on the roof and they haven’t provided a valid reason on why they will not help either. I even sent them a screenshot of the CC&Rs where it states they are responsible for this type of issue.
I am not sure what to do now as they keep telling me they will not do anything. Should I take some sort of legal action and if so what type of professional would be best to reach out to help me with dealing with my HOA refusing to help me for something that falls under their responsibility?
Best,
Harris
Harris,
Since this is clearly a violation of the requirements of your condominium documents, you have the option to file a complaint to the Dept of Real Estate based on the failure of the association to address a problem in the common property. go to the ADRE web site and there is a tab ling to the HOA dispute resolution process where you will get the necessary form and instructions. It does cost $500 per issue but you do not need an attorney, and if you win the association will be forced to address your problem and refund you your filing fee. While it is a real shame that homeowners are forced to spend money to enforce the law it is what it is.
Dennis