Consumer Protection Law

Consumer protection law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

My HOA landscapers broke a common area sprinkler and irrigation…

Customer Question
My HOA landscapers broke a...
My HOA landscapers broke a common area sprinkler and irrigation pipe on the common area while trimming palm trees on the common ground. I discovered it almost six weeks later when i and a witness discovered a mold infested flood in my guest house. My HOA president witnessed the flood damage and wrote a letter to the Management Co. that it was indeed their fault. They sent a Flood clean-up company to dry it up and gut out my guest house, including expensive carpeting. The management company asked me to file a claim, said they would pay my $1000 deductible. I could not do that as just prior to that an A/C coil leak had water damaged my ceilings extending into 3 rooms which also required a claim. They said they would repair the damages and proceeded to send their own vendors to bid for repair. But they defamed me and slandered me to their vendors which the vendors confided in me. They sent the vendors to my house to yell at me to "FILE A CLAIM!!" but in turn say 'BUT IT WASN'T YOUR FAULT!". The vendors confided in me that they were going to use me as an example the other homeowners NOT TO COMPLAIN! Their vendors said they want me to take it to court so that the judge can say that it wasn't any one company's fault, not the HOA, The management Company, or the landscape company. Three months later, they sent me a settlement check for $1,500.00 to cover a $15,000 repair job. I have witnesses and photos of the stepped on and broken sprinkler and pipe, The Flood company said the damage occurred within a five week period which put the incident almost exactly to the day the palm trees were trimmed. (5 wks and 3 days). The broken sprinkler and pipe butted within less than 6" of the guest house and common wall. Water ran under the wall onto my guest suite. In addition, the HOA had 7 sprinklers blasting at my ho common walls facing my property (instead of the street and sewer) to water 4 small plants. Each plant had a bubbler at it's base. The other three unnecessary sprinklers (One was the broken sprinkler that damaged my guest house) were creating ongoing damage to my shared block wall with my neighbor on the right, as well as my guest house on the left. They tried to deny responsibility, saying it was a grading issue, done by the builder 16 yrs ago, that they were not responsible for it, for me to fix the damage and grading myself, at my own expense. I reminded them that the HOA signed off on all landscaping and grading prior to closing after verifying with the builder. Also, the broken sprinkler was found in sunken hole in the ground where the landscapers had kicked away the grading and river rock, disturbing the grade, so that the property no longer slopped toward the street and sewer, but rather sat in a sunken area in the ground where the water had nowhere to escape but under the common wall along the weep screed and outside walls of my guest house.
Submitted: 3 years ago.Category: Consumer Protection Law
Show More
Show Less
Ask Your Own Consumer Protection Law Question
Answered in 11 minutes by:
6/24/2015
Consumer Protection Lawyer: Samuel-II, Lawyer replied 3 years ago
Samuel-II
Samuel-II, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 27,012
Experience: Practice of law for 20 years
Verified
Hello
This is Samuel and I will discuss this and provide you information in this regard
Please tell me what it is you want to do at this point?
What information can I provide you in that regard?
What is the question?
Thank you
Ask Your Own Consumer Protection Law Question
Customer reply replied 3 years ago
What are is my recourse to obtain the $15,000 cost to repair my guest house from the HOA? There are only a few HOA attorneys in my area, and the good ones are working for and with my HOA. Can you provide a good HOA Dispute attorney in my area?The HOA uses; Guralnick & Gilliland, LLP, Palm Desert so they are not an option.Do I have a valid case?
What are my options:
. Arbitration with the HOA from a third party?
. Small claims court (which I could only recover $10,000 maximum)?
If I use small claims, can I sue for damages to the guest house as one claim for $10,000.00, Then sue again for damages for the shared block wall as another small claims issue?.Are there any government agencies which could help me resolve this issue, like consumer protection agency, BBB, Contractors License Board, Bond Companies etc. If so, could I go after the landscape company through these organizations?I am asking you for options.Can you find me a good attorney to work with me on this issue.I understand that an attorney has to be very well experienced in HOA laws to fight the HOA's.I'm looking for the various options and best course of action to win this case without it costing me a year's salary.
Consumer Protection Lawyer: Samuel-II, Lawyer replied 3 years ago
HelloThank you. I suggest you will need to sue the HOA. And that to find a lawyer in your area, of good standing and who is versed in HOA law you should use the CA Bar Association for a Legal Referral. I suggest you be very specific that you need a homeowner's attorney who is versed in insurance liability of the HOA. What area are you in so the contact information I provide you is near you?
Ask Your Own Consumer Protection Law Question
Customer reply replied 3 years ago
I have already contacted the CA Bar association for a legal referral. They could not help me find an attorney that specializes in HOA issues. They will not provide good standing advice. That is why I turned to you. Apparently, you cannot help me either. I thought you could provide me with a lawyer that is in good standing that is versed in insurance liability of the HOA. in my area, or alternative actions/options to take. Apparently not. I get the same general advice from everyone. basically, "Find a Lawyer", "You're on your own". It's a tough area to fight, and most attorney's don't know how to do it. Since you could not help me, or answer my questions, I will pay the $5.00 fee, but would like not to be charged the additional $31.00 if you would be so kind. It's a frustrating and complicated issue, not everyone could address. It's very frustrating for the homeowner to fight. Thank you and have a good day.
Consumer Protection Lawyer: Samuel-II, Lawyer replied 3 years ago
I see that I cannot assist you. I will opt out and maybe another can. Thank you. There is no need to rate my responses. And your deposit will stay in tact. Best of luck with this matter.
Ask Your Own Consumer Protection Law Question
Consumer Protection Lawyer: Law Educator, Esq., Lawyer replied 3 years ago
Law Educator, Esq.
Category: Consumer Protection Law
Satisfied Customers: 126,955
Experience: Attorney experienced in commercial litigation.
Verified
I am sorry that you may have misunderstood our service and the scope of service we can provide. State law forbids us from representing anyone and if you need representation you can use the same sites used by other attorneys, http://www.hg.org or http://www.lexmundi.com to find a real estate law attorney who handles HOA cases and if you are in a small town you need to look to the nearest larger city to you.
I do apologize for any misunderstanding you may have had about the service we can legally provide.
Ask Your Own Consumer Protection Law Question
Customer reply replied 3 years ago
Thank you. I would appreciate you not charging me for this service. I thought it provided legal advice.
Consumer Protection Lawyer: Law Educator, Esq., Lawyer replied 3 years ago
You may contact customer service at http://ww2.justanswer.com/help to get a refund of any deposit, as the experts are not employees of this site and have no control over any payment arrangements between customer and this site.
Ask Your Own Consumer Protection Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a consumer protection lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 126,955
126,955 Satisfied Customers
Experience: Attorney experienced in commercial litigation.

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Lawyer

7,125 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

3,436 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Barrister

Barrister

Lawyer

1,679 satisfied customers

Attorney,17 years experience in consumer protection areas

P. Simmons

P. Simmons

Lawyer

1,227 satisfied customers

16+ yrs. of legal experience.

LADY LAWYER

LADY LAWYER

Lawyer

748 satisfied customers

Consumer Lawyer

RGMacEsq

RGMacEsq

Lawyer

604 satisfied customers

Licensed Texas General Practice Attorney

RobertJDFL

RobertJDFL

Lawyer

517 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Consumer Protection Law Questions
The neighbor who caused my slope to fail has hired a
The neighbor who caused my slope to fail has hired a contractor to clean up the mud. I verified that he has a license and that it is active. There are no complaints. BUT it says he has NO EMPLOYEES an… read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
Doctoral Degree
126,955 satisfied customers
If your house is in a very big flood can you also claim
If your house is in a very big flood can you also claim sewage back up on the homeowners policy?… read more
LegalGems
LegalGems
Juris Doctorate
12,863 satisfied customers
I have a complaint against Trafford borough sewage department. They ch
I have a complaint against Trafford borough sewage department. They charge a fee on your bill for water and sewer maintenance line fee its been anywhere from $40.00 to $250.00 a bill usually more then… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,543 satisfied customers
The power company wants to run a conduit thru my yard, 8 years
The power company wants to run a conduit thru my yard, 8 years back when my house was built they ran cable thru the yard underground for any future home built on the lot on the other side of my lot, t… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I had a water softener installed at my house. I understand
I had a water softener installed at my house. I understand that they did not install it per residential housing code (the entire length of water line installed, at least 125-150 feet in length, was pl… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,125 satisfied customers
I live in a condo which has 4 floors and I live on the 2nd
I live in a condo which has 4 floors and I live on the 2nd floor. Below the 4 floors there is a common parking garage as well. For several weeks, there has been water leaking from pipes attached to th… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,543 satisfied customers
my property is being flooded & caused my retainer wall to fall & the land to slide
my property is being flooded & caused my retainer wall to fall & the land to slide 5 feet from my house to neighbor redirecting natural water through due to drainage pipes from their yards directed on… read more
Barrister
Barrister
Lawyer
Doctoral Degree
1,679 satisfied customers
I had a contractor come out to look at our bathroom. The floor
I had a contractor come out to look at our bathroom. The floor air duct has standing water and mold is forming on the baseboard. After inspection he concluded that the shower drain pipe had broken ben… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,467 satisfied customers
I live in AZ and our neighbor had a tree which was growing
I live in AZ and our neighbor had a tree which was growing onto our roof. Since this was a foreclosure property, we complained to our HOA to see about having the tree trimmed. As a result a landscapin… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I hired movers and during the move they disconnected the washer
I hired movers and during the move they disconnected the washer and dryer. While disconnecting the washer the water pipe inside the wall broke and water flooded the apartments below mine. The moving c… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
I am having a problem with a royal palm that was planted by
I am having a problem with a royal palm that was planted by landscaping company contracted to do the work by the developer of my gated community. The tree was planted about two feet away from my drive… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
Our home was built 10 years ago by a local contractor. Last
Our home was built 10 years ago by a local contractor. Last year we had an excessive amount of rain that saturated the soil. Unfortunately the house builder's hired a plumber that incorrectly installe… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,125 satisfied customers
_I found yesterday that I am missing approximately 3 feet of
_I found yesterday that I am missing approximately 3 feet of sewer pipe between my house and the city sewer line. The pipe is located 7ft. deep in the middle of the street, the house was built in 1989… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
In Feb. 2010 East Coast Mechanical (ECM) installed a Traine
In Feb. 2010 East Coast Mechanical (ECM) installed a Traine 20i Air Conditioner in my home in West Palm Beach Florida. Unbeknown to us ( and possibly to them at the time) they broke the a/c drain pipe… read more
Marsha411JD
Marsha411JD
Doctoral Degree
20,657 satisfied customers
i work for brinks and i own a 2004 mustang cobra. they neglected
i work for brinks and i own a 2004 mustang cobra. they neglected to repair their water drainage pipes so when it rains it floods horribly. so one day it rained like a hurricane and the parking lot got… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,467 satisfied customers
Our local water company sent a water surge through our system
Our local water company sent a water surge through our system and at least 7 houses in our street have been flooded as a result -- broken pipes, overflow through toilet tanks and so on. This company h… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I had a flood in my condo from the upstairs condo, which was
I had a flood in my condo from the upstairs condo, which was vacant, the HOA sent a company over to get the water out of the condo, the company cut a fair amount of carpet out and took it with them, t… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
I live in McClure,Oh. We are connected to the village sanitary
I live in McClure,Oh. We are connected to the village sanitary sewer system. We have had drain problems for years. Whenever we have heavy rains our lines backup and we'll have water standing in our ba… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x