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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 12554
Experience:  I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
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I live in an 18-unit condominium in California. A leak in the

Customer Question

I live in an 18-unit condominium in California. A leak in the roof did trivial damage to my unit, but will require the HOA to dry the interior walls. This work will require the HOA contractor to open walls in my unit, destroy carpeting, remove toilets and laundry appliances. The HOA says I am responsible for repainting walls, putting back toilets and appliances, and replacing carpeting. Is the HA correct, or should I refuse access
for the work unless the HOA restores the unit to original condition?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Andrea, Esq. replied 2 years ago.
Hi, my name is ***** ***** I will be glad to Answer your question,
The HOA is totally mistaken. You should not be responsible for anything other than painting your unit after the repairs are completed by the HOA contractor. If the HOA is compelling you to use a contractor of their choice, then you are entitled to have your unit restored to its condition before the leak. You should put your position in writing and send it to the HOA Board and include a statement to the effect of the following -
"I expect XYZ Contractor to repair the damage done by the water leak and return my unit to me in the condition it was in prior to the damage done by the leak. I also expect that the carpeting, toilet facilities, and laundry facilities will be restored to their previous positions without any costs of replacement incurred by, or billed to me."
If the HOA does not agree to this, then inform the HOA that you will consider their denial as your authority to bring in your own contractor to do the repair work.