QUESTION

Who is responsible to pay the homeowner or the HOA?

Asked on Jun 11th, 2017 on Real Estate - California
More details to this question:
If a condo owner has plumbing repairs done in their unit and in the process breaks two shut off valves in the common area, who is responsible to pay for the repairs to the common area shut off valves broken by the homeowner's handyman?
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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Definitely the homeowner whose employee did the damage. Some HOAs have rules against homeowners performing any work on common area without prior written approval, including fines for violations. If the HOA is not having its own plumber do the repairs and wants you to do them, be sure to hire a licensed plumber. You don't want any more mistakes. Plumbing work that costs more than $500.00 is required by law to be performed by a licensed plumber. When work requiring a license is performed by someone without the correct license, the hirer is personally liable for all damage caused and all injuries, including injuries to the handyman and any employees he has. He won't have workers comp. Your homeowner's insurance (HO-4) won't cover it. A statute imposes on the hirer a rebuttable presumption that the hirer was negligent. And the workers compensation law limits on damages do not apply. It sounds like there wasn't any flooding damage. If you're handyman had caused flooding into lower units, you could also be liable for all of that damage, from replacing sheetrock and carpeting, damage to paintings and expensive clothes, to mold remediation. 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 Jun 12th, 2017 at 9:35 AM

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