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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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My tenant came back from a week of vacation to find standing

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My tenant came back from a week of vacation to find standing water in the kitchen, laminate floors buckled up and mold all over the baseboards in the adjoining room. I contacted a company that specializes in this to go to the condo to assess the problem. I also contacted the HOA and my insurance company. It was determined that the water loss and mold resulted from a pipe in the walls of the building structure. I had contracted with a vendor to do the demolition, drying, replacing of floors, cabinet, and mold remediation. My HOA now tells me that if they are picking up the bill that they want to use their own vendor that they have contracted with for years. The problem is that this contractor wants to take short cuts and does not want to move forward with some of the necessary steps (like replacing cabinets) when they have been wet for over 3 days and the required steps are to replace. I know that the HOA wants to take care of this as cost effectively as possible but i am concerned about the health of my current tenant and future tenants if all of the steps aren't taken. what can i do to ensure that the HOA is following mandates set forth for water loss and mold remediation?

William B. Esq. :

Dear Customer, thank you for choosing Just Answer. My name is XXXXX XXXXX i would like to assist you today.

William B. Esq. :

I am sorry to learn of this situation, and unfortunately have dealt with this type of matter more than once (on both sides of the fence).

William B. Esq. :

If the HOA is not performing its duties properly - either independently, or through its contractor, you have the right to pursue a claim against it for breach of contract under the HOA's CC&Rs.

William B. Esq. :

As your own insurance is also involved, you may have the added benefit of your claim against them providing you with insurance counsel to pursue these claims on your behalf without the out of pocket expense normally associated with hiring an attorney to go after the HOA.

Customer:

do they need to provide receipts on exactly what was done? they could just say they took the necessary steps and be done. i would never know if it was safe or not ? and if i could have future problems that result because of short cuts

William B. Esq. :

While the HOA does have a right to pursue repair of the units in a cost-effective manner, it does have an obligation to do so to proper construction standards. To place yourself in the most effective position, you can hire a contractor to simply review the current state of the work and provide you with an estimate for work necessary to complete the project up to specs and use this against what the HOA is currently doing.

Customer:

ok good. I already hired a contractor that allstate recommended and they gave me an inspection and scope of work of what needed to be done. the HOA was fine with that until they found that they have to foot the bill. Now they say that ServPro (widely used and their prices are apprpoved by all insurance companies) is way too expensive. I am fine with them taking over but it has to be done correctly. do they have to give me a scope of work of what their vendors/contractors do?

Customer:

i don't want to give them what servpro provided to me because they will simply copy it and give it to me

William B. Esq. :

The HOA does not necessarily have to give you this type of information - but they do have to repair the unit to your satisfaction. if you get into a full-on dispute with the HOA (mediation for example), then you will have a right to demand these things in the course of settling the dispute. (Realistically, they should give it to you anyway). When it comes to the repair of your unit itself (the drywall, the cabinets - anything "within the 4 walls"), then they have an obligation to provide you with this information, cost of repair, exact materials being used, etc. because this is a repair of YOUR PROPERTY, not theirs.

Customer:

ok great. thanks so much. i appreciate your help

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