| determining value of damage to neighbors carpet What is the name of your state? California
I own a condo that is currently in escrow and today I was informed that my HOA included an additional $1057.00 (in addition to any monthly assessments that remained unpaid) in their demand to cover damage to my neighbors carpet from a water leak several months ago.
When the neighbor realized I was selling my unit (3 months ago), she informed me that her carpet was damaged and I would be responsible for replacing it. I asked her who determined that the carpet was damaged so badly that it needed to be replaced and she told me the plumber did. I told her that I didn't think a plumber was qualified to make that assessment and asked her for any and all paperwork she had received as a result. She told me she would get it to me and never did. Fast forward to about two weeks ago when she wrote a letter to the HOA threatening legal action against them if this wasn't resolved before I moved. I didn't think the HOA would get involved in such a dispute and didn't pay much attention to the letter until I was signing escrow papers and was informed that the HOA was requesting the additional money be withheld for this matter. I asked the escrow officer if they were able to do that and she told me that I any such request would need my approval in order for them to comply. Needless to say, I did not approve it.
Today the escrow officer called to tell me that because the HOA has included the amount in their demand, the escrow company was obligated to oblige and the money would be held in escrow until released by the HOA.
I am not disputing the fact I had a leak in my upstairs bathroom that may have caused her carpet to be wet, but just because carpet got wet does not necessarily mean it's "damaged" and in need of replacement,, does it? Although I would be more than happy to pay to have it professionally cleaned, I do not believe the fact that her carpet got wet (an area of about 1' x 6') automatically means that I am responsible for replacing all the downstairs carpet! For starters, the carpet is over 14 years old which has to account for something...right? There is no visable damage that I could see, but like I said, I have no problem paying for her to have the carpet cleaned professionally just to make sure theres no mold or moisture still lingering.
Escrow closes tomorrow and I need some advice. Hopefully I have provided all necessary info....It's late and I'm starting to fade......
Thanks in advance for any help you can offer!
JulieWhat is the name of your state? |