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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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We bought our home 4 years ago and home is part of an HOA.

Customer Question

We bought our home 4 years ago and home is part of an HOA. Monthly dues cover among other services lawn care and an irrigation system. Over the past 4 years several sprinkler heads have been damaged and need to be fixed. I contacted the HOA and was told "I'm that years ago Maureen had an independent system installed because she wanted to water on her own schedule not when the association had scheduled. Since that was well before my time, I'll have to let you decide what heads are from that and what are association heads. Hopefully that was pointed out when you closed."
I checked our closing documents and it states lawn care and snow removal are covered and we have been paying full HOA dues which include the sprinklers. I asked also if the previous owner actually had the system installed or was it the same system that the builder put when all the houses were built and the previous owner busted opted out and had a private company service the system on her property but haven't gotten an answer.
So my question is: Is the HOA responsible for maintaining and fixing our irrigation system or not?
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Loren replied 4 months ago.
Good morning. I am Loren, a licensed attorney and I look forward to assisting you. Just to clarify, the decs or CCRs state the association is responsible for the repair and maintenance of the heads? There was never an amendment reflecting that Maureen's were excluded?

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