QUESTION
Hello, We are owners of condo , HOA rules the building. Water in unit is not hot. Whose responsibility is to repair boiler, it serve not one unit.
Asked on Oct 09th, 2016 on Commercial Real Estate - California
More details to this question:
We own 3 units in a building, we have Alltate HOA. In one of our units there is no hot water. Ir needs to be repaired. One water heater serve for more then one unit, so it is not jus our condo. Neighbors also have problems with hot water. HOA refuses to take responsibility for it and repair. They want me to take care of that. I want to ask whose responsibility is it, when boilers are down in parking, serves multiple units. President stated that they wit take care if it just in case if it will totally break. If is is still working owner of unit needs to take care of it. But it is not just my boiler. What should we do. We rent unit for tenants. and they have right to have hot water. Who needs to repair it. Also there is a bunch young guys who drink and smoke in common areas , there is a security on site, but he do not take care of that also. Thank You Sincerely, Irena
2 ANSWERS
Construction and Real Estate Attorney serving Burbank, CA
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The Law Offices of Adam S. Warshaw, APC
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Generally, in a condominium as defined in California, the association is required to repair utiliies that serve more than one unit. However, the developer may have allocated repair duties differently in the Declaration (CC&Rs) for the project. You will need to have the CC&Rs reviewed by an attorney to determine how repair obligations are divided.
Answered on Oct 10th, 2016 at 8:41 AM
Defense Base Act Attorney serving San Diego, CA
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Benner Law Firm
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This sounds like a problem for the HOA. It will depend on your CC&R paperwork, but if you have multiple units using the same water heater and the location of the water heater is not inside any individual unit, it sounds like something the HOA should fix.
Answered on Oct 10th, 2016 at 8:10 AM