QUESTION

Can I legally force my condo association board to fix running water problems in my unit?

Asked on Jul 02nd, 2015 on Real Estate - California
More details to this question:
Plumbing outside of my unit for which the association is responsible is causing the following problems: 1 No hot water in one of bathroom sinks 2 Water (cold) pressure in the same bathroom sink is low 3 Whenever I turn on the water (kitchen sink and bathroom sinks) it comes out dirty (brown) and it takes around 10/15 seconds to clear The board has known of these problems for over one year when I first reported it but so far has done nothing to fix them. Other units with similar problems had been taken care of. I am beginning to think that they do not consider my problem serious enough to bother fixing it.
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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Your HOA has an Internal Dispute Resolution procedure. If the CC&Rs, Bylaws, or Rules don't include a provision for such a procedure which complies with Civil Code §5910 of the Davis-Stirling Act, then the procedure set out in §5915 applies, whether the HOA likes it or not. If you send the HOA a letter with all the information required by §5915, then the HOA has not choice. It MUST participate and appoint someone to discuss the issue with you. All you might find out from this process might be why your HOA is ignoring the problem, but at least you'll have an answer. If that doesn't work, you might try mediation. That's where an independent and neutral third party attempts to negotiate a compromise and settlement between the two sides. Since you're all neighbors, this process is a lot less damaging to your relationship as neighbors than an arbitration or lawsuit. I hope you won't get that far. If the HOA ignores your letter requesting Internal Dispute Resolution or mediation, maybe a letter from me on law firm letterhead will get their attention. Such a letter always includes the implied threat of a lawsuit, even in none is stated in the letter. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack  
Answered on Jul 06th, 2015 at 3:46 PM

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