Moon_Dawgy
Junior Member
My HOA states that I am responsible for flooding that occurred in our building (not due to broken pipes or faulty plumbing). I live of the 3rd floor of a 3 story complex and wanted to change some tapes in my bath so I got permission from the second & first floor tenets to turn off the water to our shared water stacks. While the water was off, the individual in the 1st floor unit opened a faucet, did not turn off the faucet and then left their unit. When I turned the water stacks back on, their unit, their neighbors unit and the common hallway flooded.
The HOA (even though I do not agree with them and still do not admit I am at fault) has assessed me with the following charges which started appearing on my HOA dues bill:
$516 for cleanup to the common area hallway carpet
$1213 for clean-up to the 2 first floor units
I have met with the HOA and they have agreed to waive the $1,213 charge if I pay the $516 charge, but they will not sign a release. They state that if I do not pay the $516 they will proceed with putting a lien on my property.
My issue isn’t with paying the $516, but it is the fear is further action taken by 3rd parties (i.e. the owner of the first floor unit, the neighbor or the neighbor’s insurance company). I would be more than willing to pay the HOA $516, but my I’m afraid that by paying the $516 and the HOA refusing to sign a release, they could turn around and say, “well now we want the $1,213 too” or worse it would look like an admission of guilt and that could be used against me down the road if anyone else decides they want to take action.
My questions are:
- Is paying the agreed upon $516 and official admission of guilt?
- Can the owners of the other units (the insurance company of the neighbor) use my paying of the $516 against me if they decide to take action against me (basically saying, “Well he paid the $516 so he admitting he is responsible and now we want him to pay our damages too”)
- Is there a way of paying the $516 without making it easier for others to take action against me?
- I’ve heard of submitting a “Paying Under Protest” letter along with the $516. Would that help? How would I do this?
- Also someone mentioned to me something about California Civil Code Section 1542 applying to this, but I have no idea what that means or how it applies? Can someone explain?
o California Civil Code Section 1542 - A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
I would also accept any other advice that anyone has on my current situation.
Thank you all in advance.
The HOA (even though I do not agree with them and still do not admit I am at fault) has assessed me with the following charges which started appearing on my HOA dues bill:
$516 for cleanup to the common area hallway carpet
$1213 for clean-up to the 2 first floor units
I have met with the HOA and they have agreed to waive the $1,213 charge if I pay the $516 charge, but they will not sign a release. They state that if I do not pay the $516 they will proceed with putting a lien on my property.
My issue isn’t with paying the $516, but it is the fear is further action taken by 3rd parties (i.e. the owner of the first floor unit, the neighbor or the neighbor’s insurance company). I would be more than willing to pay the HOA $516, but my I’m afraid that by paying the $516 and the HOA refusing to sign a release, they could turn around and say, “well now we want the $1,213 too” or worse it would look like an admission of guilt and that could be used against me down the road if anyone else decides they want to take action.
My questions are:
- Is paying the agreed upon $516 and official admission of guilt?
- Can the owners of the other units (the insurance company of the neighbor) use my paying of the $516 against me if they decide to take action against me (basically saying, “Well he paid the $516 so he admitting he is responsible and now we want him to pay our damages too”)
- Is there a way of paying the $516 without making it easier for others to take action against me?
- I’ve heard of submitting a “Paying Under Protest” letter along with the $516. Would that help? How would I do this?
- Also someone mentioned to me something about California Civil Code Section 1542 applying to this, but I have no idea what that means or how it applies? Can someone explain?
o California Civil Code Section 1542 - A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
I would also accept any other advice that anyone has on my current situation.
Thank you all in advance.
