Is the HOA responsible for damage dry wall, paint, possible recarpeting to common areas due to pinhole leaks in pipes in common area walls?

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Is the HOA responsible for damage dry wall, paint, possible recarpeting to common areas due to pinhole leaks in pipes in common area walls?

About 2 pinhole leaks appeared in pipes in a stairwell between our unit and our next-door neighbor. We fixed the leaks as soon as possible, paying $625 the 1st time, and $500 the 2nd for leak detection and pipe repair. There re 3 1′ x 1′ holes that remain in the drywall. According to our CC&R’s, “common area includes, without limitation; bearing walls, stairways, pipes, plumbing, water and drainage to the unit boundaries”. We only want reimbursement and common areas fixed. The HOA directors claim that the pipe in question only serves our unit and thus the damage is our responsibility to repair.

Asked on August 27, 2012 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I would question their interpretation of the law regarding what is and is not their responsibility.  But some one needs to actually read the agreement in question here.  You are going to have to sue the HOA in order to get them to di the repairs or bring a declaratory judgement action against them to determine the legal responsibilities here.  Good luck.


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