More details to this question:
I live in a condominium unit, our build has 4 floors and my unit is on second floor. Our AC unit on roof and pipes running through 4th and third floor to our unit. Since our AC was not blowing cold air we had our HVAC company look into this problem. They said there is a leak somewhere. Now HOA wants us to incur all expenses to fix this. Is this within normal operating guidance - what if there is building defect or it happens again?
1 ANSWER
No one can tell you until after they have read and studied your condominium's CC&Rs and the legal description attached to the deed to your unit.
In some condominiums the HVAC units are owned, repaired and replaced by the HOA. In some each unit owner owns her or his own HVAC unit, but the connecting conduits and pipes in the walls and ceilings are owned, repaired and replaced by the HOA. In others, each homeowner has an easement through the walls and ceilings for the conduits and pipes, and owns them and is responsible for their repair and replacement. Still others can have any of these arrangements for ownership and still provide that either the HOA or the separate homeowners are responsible for repairs.
Someone needs to check the legal documents.
If you end up paying fo the repair, make sure the plumber checks for evidence of whether or not the leak was caused by someone driving a nail or screw into the pipe. If the pipe is replaced, make sure that the plumber gives you the old pipe. If your neighbor negligently damaged the pipe, maybe while hanging a light fixture or art piece, you should be entitled to reimbursement.
If you would like me to look into this for you, it would probably take about an hour. We charge $300.00 per hour for such work.
Dana Sack
510-286-2200
Answered on Apr 22nd, 2015 at 4:34 PM