Get 2 months of free community web site hosting from Community123.com!
Friday, July 20, 2018
Get 2 months of free community web site hosting from Community123.com!


SBCA: Free education for HOAs and condos on satellite placement issues.
(National Trade Organization)
Helping HOAs, condos and property managers with satellite placement issues since 1986.
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: Who's Responsible?
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
KatherineD2
(California)

Posts:1


07/11/2018 1:01 AM  
Just looking for some advice about a current issue I have and am waiting to hear back on.


I own and live in a condo in California.

Last Thursday I came home from vacation and when turning on my AC found it not blowing cold air. After trying to figure out the problem Friday, we discovered that the copper pipe that goes from our HVAC system to the building had been cut/pinched (not cut all the way through). We found this to be peculiar and began researching why this would occur. It became apparent that this exact damage occurs when this type of copper line gets hit by a hedge trimmer. Our HVAC system is located near plants so this makes sense.

Our HOA contracts out our landscapers. I am still waiting to hear back from the property management company (it has been a pain getting ahold of them and getting answers), but the last I was told they were waiting to hear back from the HOA (via email) with three options: 1 - the landscapers take responsibility (which the property management lady said was unlikely); 2 - the HOA takes responsibility (which I assume is unlikely because why would they want to spend money); or 3 - it is my responsibility.

I am extremely frustrated as it has been 100 degrees and I am waiting to hear back so that I know how to proceed if the landscapers or HOA take responsibility. Even more so, I am irritated that it is likely this expensive fix (repair or replacement of the copper line/pipe + the system being recharged because all the freon leaked out after being damaged) will fall back on to me. I know I am already jumping to the worst possibility, but considering it has been multiple days and I still don't have an answer, this is my best assumption.

What experience does anyone have with this type of situations?

My biggest problem is that the HOA contracts out a landscaper (no control on my part) and due to negligence by the landscaper my property is damaged which will require an expensive fix. Thanks in advance for any insight on this. I greatly appreciate it!
MelissaP1
(Alabama)

Posts:7477


07/11/2018 4:28 AM  
This is covered under the Landscaper's insurance NOT the HOA's. The HOA needs to contact the lawncare and inform them. This is why one has the requirement that ALL contractor's have insurance. Plus you need to put a claim in your homeowner's insurance if you want to get the ball rolling. This will be a fight between insurances.

Sad part is that it's best for you to pay for the repair and then seek reimbursement. It's then proving damages or the claim of them. Take pictures. The real determination of what caused the damage is NOT up to you. It's up to the insurance and who inspects the damage.

Former HOA President
AugustinD


Posts:1045


07/11/2018 5:50 AM  
Ditto what Melissa said.

Some condos are much better than others about things like this. It sounds like you have a bad board or management.
KerryL1
(California)

Posts:5389


07/11/2018 9:21 AM  
Agree with Melissa & Augustin. And if the piping outside your unit is common area, the HOA most likely is responsible. Your CC&Rs probably say who's responsible for what.
Please login to post a reply (click Member Login on the menu).



Get 2 months of free community web site hosting from Community123.com!



News Articles Provided by: Community Associations Network
News, articles and blogs about condos/HOA's

Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice:  (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.

Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement