QUESTION
Who is responsible to replace locks on community mailboxes in my neighborhood?
Asked on Jun 16th, 2016 on Real Estate - California
More details to this question:
I have an HOA in my neighborhood and it is extremely difficult to get my key into my mailbox lock. I contacted my HOA to ask if they would replace the lock and they said it was my responsibility. They are USPS mailboxes but I'm not sure if they issued the locks as well. I read through the rules and regulations that I received when I bought my home and it doesn't mention who is responsible for maintenance of the mailboxes or locks.
1 ANSWER
In order to answer this, a lawyer will need to review the CC&Rs and the Condomnium Plan or PUD Plan, and the grant deed to your unit. Even then, there might not be a clear answer.
If there is not a clear answer, then it would be within the authority of the HOA Board to adopt a Rule or Regulation governing repairs to individual mailboxes and their locks. Your HOA probably has not done that.
It is possible that after reading all those documents, a lawyer might determine that the mailboxes are common area. That means that repairs due to ordinary wear and tear are the responsibility of the HOA, but repairs required do to misuse or abuse by the owner would still be the owner's responsibility.
It will cost you $250.00-$500.00 to have an experienced real estate attorney do that research. Those fees are NOT recoverable from the HOA.
How much is replacing the lock going to cost? It's probably not worth getting into a war with the HOA Board over a bill that small.
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Dana Sack
Answered on Jun 21st, 2016 at 10:29 AM