Is the HOA responsible fora wood floor repair caused by a slab leak?

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Is the HOA responsible fora wood floor repair caused by a slab leak?

My CC&R states that the HOA is responsible to maintain, repair and operate the water service in the common area and in the units. I have a slab leak under the foundation in my unit which made us unable to get hot water. To fix the pipe, the plumber had to jackhammer our wood floor andconcrete to get to the leak. Our HOA said we are responsible for the repair of the wood floor (although it was damaged in order to repair the leak). Is this proper or legal based on our CC&R?

Asked on November 14, 2011 under Real Estate Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

This is improper for the HOA to refuse the repair. The repair was needed to fix a common utility. As a result, any associated repairs that are done in private units are the problem of the HOA and as a result, you should indicate in writing that the HOA is responsible for the costs and then, you should inform the agency who handles HOAs and HOA complaints. This is usually the attorney general (if the HOA is a non profit as it should be) or the county or town prosecutor. Make sure you keep records of costs (including at least three estimates) to use to show what has occurred. Take lots of photos (near and far), label everything and try to get affidavits of the individuals who did the repair.


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