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Subject: Dryrot - Attic - Condo
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Author Messages
FrankS15
(California)

Posts:1


06/06/2019 4:09 PM  
Hello

I live in California (Pomona). I am trying to sell my condo, and my CC&R's aren't very clear, so I am hoping someone can help me (I can make available a copy of the CC&R's if needed).

During Termite and Inspection, some dry rot was found in the attic and on the plywood beneath the roof, and also on someone the eaves some fungus was found.

Quite simple, is this mine (the owner) or the HOA's responsibility? According to Davis Stirling Act-Civil Code Section 1364, it appears that this is a wood-eating organism and is the HOA's responsibility.

Further, the Firewall in the attic has a hole in it, would this be me and my neighbors responsibility or the HOA's?


Thank you for any information.
TimB4
(Virginia)

Posts:16382


06/06/2019 6:40 PM  
To know for sure who has what responsibility, one would need to read your Associations governing documents as the section you cited defers to the Declaration.

Additionally, you give the impression that these issues were discovered not that they were caused by termite activity. Since dry rot, fungus are typically not caused by termites, this will depend on your CC&Rs.

Even if the responsibility is the Associations, most Associations are slow to correct things. Not because they don't want to correct the issue. It's because of the time available to get things done. For example, bringing these things to the board would likely result in the following:

1) meeting to acknowledge the issue.
2) soliciting bids for inspector to verify what you brought to the board.
3) awarding the contract for an inspector.
4) meeting to review inspector results.
5) solicit bids for firewall repair
6) awarding firewall repair contract
7) meeting to decide if they should power wash just your building or all building to address fungus issue.
8) solicit bids for powerwash
9) award contract for powerwash
10) meeting to decide if they should reroof now to address dryrot or wait
11) bids for roofing job
12) awarding contract for roofing job

More time needed if funding isn't available for the above jobs.

This is something to keep in mind.

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Forums > Homeowner Association > HOA Discussions > Dryrot - Attic - Condo



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