Fidelio1st
Junior Member
What is the name of your state (only U.S. law)? CA
I'm having a dispute with both the HOA Board and Property Management Co. regarding who should repair the balcony in the HOA condo complex I live in, in Los Angeles. I am the tenant/Power of Attorney for Homeowner.
In Sept. 2011 I noticed soft spots near the ledge. Water pools all along the balcony floor about 1 foot out from ledge after every rain, it does not drain properly, and rain falls on the balcony (I believe improperly, possibly due to roof or gutter issues, we have roof fixes/replacement on to do list for complex). I immediately reported it to the Broker, who is also an HOA Board member (also telling the Homeowner, and the Property Management Co., a different one at the time than the one we have now). CC&R's say Homeowner responsible for "exterior surfaces" of balcony while HOA responsible for everything else.
The HOA Board has been saying all along it is the Homeowner's fault for not properly sealing, and that the problem has been there for years due to previous tenants. Homeowner had balcony resurfaced in Nov. 2010 before I moved in by Broker/HOA Board member's brother, who owns a construction co. I counter with if there was any evidence of problem there in 2010 when resurfaced, Broker's brother/resurfacer would have noticed any evidence of soft spots/problems then.
Licensed contractor approved by Board came out in June 2012, initially told me due to structural and other damage observed, it's HOA duty to repair and basically entire balcony needs to be replaced. Contractor told a Property Manager this (one filling in for our main Property Manager while out sick), and she wrote in an email to HOA Board, it "appears" to me it's HOA's duty to repair.
Attended Executive Session at HOA Meeting last week, and Property Management Co. disputed that they agree it's HOA's duty, and said because she said "appears" she wasn't siding with Homeowner (she was not there, Property Management co. brought in VP and other Manager in addition to our normal Property Manager, which I believe is in violation of the Davis Stirling Act of "fair and reasonable" -- also to note, Executive Sessions normally at end of HOA monthly meetings, they moved this one to the beginning, so that it had to end in 30 mins when other homeowners showed up for Open Fourm; also, VP told me I would have 15 mins. to present my case to Board and then preceded to interrupt and walk all over me the entire Executive Session).
Property Manager VP also said since I didn't have it in writing from licensed contractor, that he did not agree it's HOA's duty, and that it's not up to him to make that determination because he didn't have a copy of the CC&R's -- I countered this proving I emailed him a copy of CC&R's and that he was willing to write a letter at one point and I have emailed exchanges with him proving this (he ultimately never signed letter, probably not wanting to get involved in this dispute) - and they just basically discounted this.
Property Management Co. and HOA Board stance at end of Executive Session was: you should have contacted person who resurfaced it, and we believe the problem has been there for years and due to Homeowner not sealing it properly that caused all of the structural and pooling problems, therefore Homeowner is responsible for replacing and paying for entire balcony. HOA member did however agree to send out another contractor who specializes in balcony surfaces to re-evaluate and see if the whole thing really needs to be replaced, or just the area with soft spots. We maintained we resurfaced the exterior surface we are responsible for properly in 2010, and did inform the resurfacer indirectly by directly informing the Broker who is the middleman for the resurfacer, especially since it's his brother. At one point, resurfacer did come out and take a look and he told Homeowner we need to contact a deck guy due to the current damage and repairs necessary.
Other important fact: other balconies in complex having same water pooling issues after rain damaging surfaces - I was given a figure of 15-16 by our current Property Manager and part of HOA Board argument all along has been, "we have to be careful what we do with yours because it will set precedent for the many others and it could bankrupt the HOA" and at one point stated, "What are you trying to do, bankrupt the HOA?" Property Management co. at Executive Session outright lied, saying no other balconies have issues and no other owner has reported any. After reviewing previously minutes, I found at least 2 others who reported problems, thus proving Property Manager and VP lied, thus showing possible cover up of mass balcony problems at complex due to HOA Board not wanting to pay for them.
Any advice you may have for the Homeowner would be much appreciated.
I'm having a dispute with both the HOA Board and Property Management Co. regarding who should repair the balcony in the HOA condo complex I live in, in Los Angeles. I am the tenant/Power of Attorney for Homeowner.
In Sept. 2011 I noticed soft spots near the ledge. Water pools all along the balcony floor about 1 foot out from ledge after every rain, it does not drain properly, and rain falls on the balcony (I believe improperly, possibly due to roof or gutter issues, we have roof fixes/replacement on to do list for complex). I immediately reported it to the Broker, who is also an HOA Board member (also telling the Homeowner, and the Property Management Co., a different one at the time than the one we have now). CC&R's say Homeowner responsible for "exterior surfaces" of balcony while HOA responsible for everything else.
The HOA Board has been saying all along it is the Homeowner's fault for not properly sealing, and that the problem has been there for years due to previous tenants. Homeowner had balcony resurfaced in Nov. 2010 before I moved in by Broker/HOA Board member's brother, who owns a construction co. I counter with if there was any evidence of problem there in 2010 when resurfaced, Broker's brother/resurfacer would have noticed any evidence of soft spots/problems then.
Licensed contractor approved by Board came out in June 2012, initially told me due to structural and other damage observed, it's HOA duty to repair and basically entire balcony needs to be replaced. Contractor told a Property Manager this (one filling in for our main Property Manager while out sick), and she wrote in an email to HOA Board, it "appears" to me it's HOA's duty to repair.
Attended Executive Session at HOA Meeting last week, and Property Management Co. disputed that they agree it's HOA's duty, and said because she said "appears" she wasn't siding with Homeowner (she was not there, Property Management co. brought in VP and other Manager in addition to our normal Property Manager, which I believe is in violation of the Davis Stirling Act of "fair and reasonable" -- also to note, Executive Sessions normally at end of HOA monthly meetings, they moved this one to the beginning, so that it had to end in 30 mins when other homeowners showed up for Open Fourm; also, VP told me I would have 15 mins. to present my case to Board and then preceded to interrupt and walk all over me the entire Executive Session).
Property Manager VP also said since I didn't have it in writing from licensed contractor, that he did not agree it's HOA's duty, and that it's not up to him to make that determination because he didn't have a copy of the CC&R's -- I countered this proving I emailed him a copy of CC&R's and that he was willing to write a letter at one point and I have emailed exchanges with him proving this (he ultimately never signed letter, probably not wanting to get involved in this dispute) - and they just basically discounted this.
Property Management Co. and HOA Board stance at end of Executive Session was: you should have contacted person who resurfaced it, and we believe the problem has been there for years and due to Homeowner not sealing it properly that caused all of the structural and pooling problems, therefore Homeowner is responsible for replacing and paying for entire balcony. HOA member did however agree to send out another contractor who specializes in balcony surfaces to re-evaluate and see if the whole thing really needs to be replaced, or just the area with soft spots. We maintained we resurfaced the exterior surface we are responsible for properly in 2010, and did inform the resurfacer indirectly by directly informing the Broker who is the middleman for the resurfacer, especially since it's his brother. At one point, resurfacer did come out and take a look and he told Homeowner we need to contact a deck guy due to the current damage and repairs necessary.
Other important fact: other balconies in complex having same water pooling issues after rain damaging surfaces - I was given a figure of 15-16 by our current Property Manager and part of HOA Board argument all along has been, "we have to be careful what we do with yours because it will set precedent for the many others and it could bankrupt the HOA" and at one point stated, "What are you trying to do, bankrupt the HOA?" Property Management co. at Executive Session outright lied, saying no other balconies have issues and no other owner has reported any. After reviewing previously minutes, I found at least 2 others who reported problems, thus proving Property Manager and VP lied, thus showing possible cover up of mass balcony problems at complex due to HOA Board not wanting to pay for them.
Any advice you may have for the Homeowner would be much appreciated.