California  |  Real Estate Law

Legal Question

Asked on: 12/20/05, 4:31 pm

Water Leak within ceiling

I have a water leak WITHIN the ceiling of my condominium. It is my understanding that this is common area and repairs should be made by the HOA. I notified the HOA in writing of this leak and they have refused to accept any responsibility for the repairs. They will not even send out a plumber to look at the problem. I was told by the Property Management Company that one of the Board of Directors said iI might have remodeled my kitchen and caused the problem. No modifications have ever been made to my kitchen. I believe this board member's decision to do NOTHING is based on a personal vendetta against me and certain other homeowners; it is certainly not consistent with the CC&R's. This is the third instance where common area repairs affecting my unit have been totally ignored. Please let me know what i can legally do, as I believe this is nothing short of willful miscondut of a board member. I have tried to discuss this matter with the attorney which is retained by the HOA. She refused to talk with me, stating that I am not authorized to call her directly becasue of legal expenses which will be incurred. She said that all correspondence must be in writing, which has already ocurred with no response. HELP!

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