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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10236
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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My HOA required inspection of my attic to determeine if I

Customer Question

My HOA required inspection of my attic to determeine if I there was a coax cable for cable TV installed by the builder at the time of constructionof the HOA as was for every other unit. The committe lead for this issue required at least 4 X that COMCAST and a private frim prove to him there was no cable by requiring them to enter the attic, cut the fire wall, etc. This is after COMCAST informed them the first time theere was no cable using their electronic test equipment and eyeballinng the the for a cable. The many entrances inot the inbuslated attic damaged the insulation and caasued it to be moved by the searching. I had an inpsector tell me the inulation was not fucnctioning well. I asked the HOA to reimburse me to fix the probelm casued by the numerous and unecessary visits to the attic required by the Board. They said they would consider this in three months. I think this is too long to wait and do not think they want to pay for political reasons. what recoiurse doi I have?
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 10 months ago.

Dear Customer,

i am sorry to learn of this situation.

Send the HOA a written demand for compensation. They should submit it to their insurance carrier.

If they fail to address it, you have 2 options, you can demand informal dispute resolution under Davis Stirling, or you can proceed directly to litigation (in CA small claims handles disputes for amounts up to $10,000.00 - which hopefully will cover the cost of repair to your insulation/attic space).

You can file a small claims action using the California Courts webpage here: http://www.courts.ca.gov/selfhelp-smallclaims.htm

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