Whatarea homeowner’s rights if an HOA fails to repair malfunctioning lights?

If the lights on the property are not working properly or are not even working at all and I have asked the HOA repeatedly to fix this, do I have the right to ask for 1 month’s deduction of HOA fees?

Asked on October 25, 2011 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Whether or not you can deduct one (1) month's association dues that you are obligated for if the association fails to make repairs of malfunctioning lights at your complex depends upon what the recorded "covenants, conditions & restrictions" say on the subject as well as approved rules by the members of the association.

As such, you need to carefully read these documents in that they set forth the obligations owed by the association to individual members absent conflicting state law.

There is nothing precluding you from asking for one (1) month's deduction of your homeowner's dues. I suggest that you place this issue on the board's agenda formally and let all other members have their input.

Good luck.


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