HOA Responsibility for Repairs
Hi Dennis
I am hoping you can provide me clarity on a responsibility issue that is pitting resident against HOA. Recently, a resident of a Court Home (“condo”) in our planned community that is of mixed types of residences surrounded by Common Area has experienced sewage backup into his residence. This resident has been told by the HOA President and Community Manager to go ahead and fix the issue then submit receipts for reimbursement. This resident was told by the plumber who initially responded to the call for service that the cause of the backup was tree root intrusion into the “main sewer line”. Lo and behold, this exact same thing happened to a neighbor 1.5 years ago…to the tune of over $40K in repairs that all fell on them. My question is whether the internal damage should fall to the Association for remediation considering the source has been documented to have come from the Common Area. I can send you our CC&Rs for more information if you would like. The following is an excerpt that talks about Court Home Exterior Maintenance:
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Looks like the copy and past of the excerpts failed! Here is a second try…
6.2 Courthome Owners. In addition to the responsibilities of an
Owner set forth in paragraph 6.1, all of the Courthome Owners collectively, through
separate assessment by the Association solely to all Courthome Owners in the manner
provided in paragraph 7, shall be responsible for and bear the expense of the repair and
maintenance of the exterior of the Court homes including paint, repairing, replacing and
caring for the driveways, carports, roofs, exterior walls, building surfaces, awnings,
gutters, downspouts, pipes, ducts, flues, sewer, water and other utility lines, landscaping
and other Improvements located outside the Exterior Residence Lines of a Courthome
including, without limitation, the floor slab and below; on, in or outside the exterior
walls; the roofs, upon the roof or above the roofs; or on or upon the lawns or driveways
(excluding glass surfaces and air conditioning), herein the “Courthome Exterior
Maintenance.” For example, (1) plumbing pipes located inside the Exterior Residence Lines shall be the responsibility of the individual Courthome Owner, but plumbing pipes located inside the building containing the Courthome but outside the Exterior Residence Lines of the Courthome shall be maintained as a part of the Courthome Exterior Maintenance, and (2) the installation of the landscaping required by paragraph 3.7 shall be the responsibility of the individual Courthome Owner but the installation of landscaping outside the Courthome Exterior Residence Lines shall be the responsibility of the Association as part of Courthome Exterior Maintenance. Courthome Owners shall
be responsible individually for such portion of the Courthome Exterior Maintenance as
shall be caused by or the result of their neglect, willfulness or omission in the same
fashion that any other Owner would be so responsible pursuant to paragraph 6.1.
6.3 Association. The Association shall be responsible for and bear the
. expense of the repair and maintenance of the Common Area and facilities including
sewer and water lines, booster stations and pumps serving more than one Residence even
if not located in the Common Area; signs, street signs, sign walls and the like as installed
by Developer even if not located in the Common Area; all portions of the Property
outside the Exterior Residence Lines; and may repair and maintain such Residences, or
portions thereof, as are not properly constructed, landscaped or maintained by the
Owners. The costs and expenses of the repair and maintenance undertaken by the
Association shall be a common expense to be distributed and allocated among the
Owners pursuant to the provisions of paragraph 7.
Rhonda,
The cost to repair the plumbing issue outside of the property is the responsibility of the association as part of the Courthome common expenses. It appears that the association agrees with that and has committed to reimburse you for any cost to repair the plugged line.
Dennis
Rhonda,
While it is logical that damage to a unit caused by failure of the common property would be the responsibility of the association and not the homeowner, but few if any associations will voluntarily honor that responsibility. The homeowner is then forced to file a claim in small claims court to force the association to pay for the damage to the internal of the unit. While backing up of sewage plumbing is uncommon roof leaks are very common and when they go unnoticed for a long time they often result in mold in the walls that seeps into the unit. Getting the association to address the impact of a failure of the common property is always an uphill battle with no guaranteed outcome. The Condo attorneys are all well practiced at arguing their way out of doing this. And you would be faced with the same gauntlet if you friend tried. It’s not right but very little to do with these communities is fair and right for the homeowners.
Dennis
Got it, Dennis. I completely understand and I thank you!