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socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 37972
Experience:  Attorney and Real Estate broker -- Retired (mostly)
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I bought a 4 plex in Harbor City, Calif 5 years ago. My

Customer Question

I bought a 4 plex in Harbor City, Calif 5 years ago. My kitchen was flooded due to leaky pipes. State Farm, thee HOA insurance agreed it was they who would pay for the damages. They have not given me any final figure for the amount of monies I have to work with to repair my unit but verbally their agent has given me a figure of about $15,700. State Farm said they sent the check to the HOA. The person in charge, who is one of the owners of the 4plex will not tell me how much money she has received nor will State Farm give me that information. I cannot get my money from the HOA, the self appointed tenant, who has the HOA monies to release the monies she has. My kitchen has been in shambles for 3 months. My contractor has agreed to work within the parameters of the verbally quoted amount and he has begun the work but cannot finish because the HOA (Rene Ferguson) has only given him $6000. State Farm says the insurance is under the HOA and not me. What am I to do? Daina Nehira(###) ###-####
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  socrateaser replied 2 months ago.

Hello,

I am a member of the State Bar of California, the Bar of the U.S. District Court for the Central District of California (San Luis Obispo, Santa Barbara, Ventura, Los Angeles, Orange, San Bernardino, Riverside Counties), and the California and National Associations of Realtors. Please permit me to assist.

If I understand your facts correctly (and I may not), then it appears that there is currently $15,700 minus $6,000, or $9,700 at issue. That amount would be within the scope of the Los Angeles County Superior Court small claims department. So, you could simply demand that amount of money, payable immediately, or you will file a small claims action to recover that amount. Seems like a pretty easy case.

If there is more than $10,000 at issue, then you need to hire a lawyer to shake the money loose from your HOA. Typically, a letter and a phone call is usually sufficient -- but, sometimes you have to sue.

There is are no government regulatory agency for HOAs in California. It's simply between you and the HOA. So, the options that I've described are the only ones available.

Note: If you need someone to actually represent you in this dispute, I can send you a premium services offer and we can discuss the matter offline. Please let me know if you're interested.

If not, then I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

Expert:  socrateaser replied 2 months ago.

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, I receive nothing for my efforts in your behalf.
Thanks again for using Justanswer!

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