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I live in an HOA community. My backyard (private property)

Customer Question
I live in an...

I live in an HOA community. My backyard (private property) has damage from tree roots from a tree in the common area behind my home. The HOA came to my home, had the landscaping company dig to expose the roots to show proof of root damage. Now that I want the HOA to help fix the damage in my yard they are ignoring me and my written communications. This has been ongoing since July 2017.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

Yes, most communications have been in writing. I've requested a copy of the written report from the landscaping company. I've requested an updated regarding HOA decisions. I've asked if there is anything they need from me in order to make a decision. I am being ignored.

Lawyer's Assistant: Where is the home located?

Escondido California. Escondido View HOA managed by California Community Management.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not at this time

Submitted: 2 months ago.Category: Real Estate Law
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Answered in 3 hours by:
5/31/2018
Real Estate Lawyer: Attyadvisor, Attorney replied 2 months ago
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 9,006
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
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Welcome and thank you for your question. The site asked me to see if I could assist you with your question.

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Real Estate Lawyer: Attyadvisor, Attorney replied 2 months ago

The HOA is responsible for the common areas. Have you written them a letter certified mail return receipt requested?

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Real Estate Lawyer: Attyadvisor, Attorney replied 2 months ago

All common interest residential communities are governed by the Davis Stirling Act in California.

"Both by statute (Civ. Code §4775) and per the governing documents of a common interest development, associations must repair and replace the common areas. Operating through their boards of directors, associations have the following duties:

Duty to Inspect Common Areas. Associations must visually inspect the common areas every three years and prepare a reserve study listing all major components, the remaining useful life of those components and the cost to repair or replace them. (Civ. Code §5550.) When it comes to reserve studies, this does not mean that board members must personally inspect the common areas, they can have an agent inspect on their behalf.

Duty to Investigate Complaints. Whenever boards learn of common area problems, such as cracked sidewalks, roof leaks, plumbing backups, etc., they must investigate the problems. (Corp. Code §7231(a).) They don't need to personally inspect them, they can rely on managing agents, plumbers, etc. to investigate and report back to the board. If an owner reports a flood inside his/her unit, the board must determine if the leak is originating from (i) the owner's own plumbing, which is the owner's responsibility to repair, or (ii) the common area, which is the association's responsibility to repair. (Civ. Code §4775.) Exclusive use common areas will depend on the association's governing documents.

Duty to Repair. Regardless of fault, damaged common areas must be repaired. If the leak is an owner's responsibility and he/she refuses to repair the leak (such as a shower pan leak), the board has three options: (i) initiate daily fines until the owner repairs the leak, (ii) repair the leak (if the board can get access) and then bill the owner for reimbursement, or (iii) go into court for an order that the owner either repair the leak or step aside and allow the association to repair it. The severity of the leak will determine the steps taken. When and how the damage is repaired may depend on whether the matter is turned over to insurance..." https://www.davis-stirling.com/HOME/Common-Area-Maintenance

I would remind them of their duties in a certified letter return receipt requested. Provide them with a deadline to respond and if they do not let them know you will be taking legal action against them.

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Real Estate Lawyer: Attyadvisor, Attorney replied 2 months ago

Do you have any additional questions for me? It would be my pleasure to continue to assist you.

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Real Estate Lawyer: Attyadvisor, Attorney replied 2 months ago

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my work from the site I would appreciate it. A positive rating will not impact your ability to obtain a refund. Can you see the rating scale on your end at the top of the page, 5 stars?

You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out.

Thank you for your consideration.

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Real Estate Lawyer: Attyadvisor, Attorney replied 2 months ago

Do you have any additional questions for me?

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