HOA trying to collect reimbursement for cost not my fault. Threatening a lien.

[Moon_Dawgy]

What is the name of your state (only U.S. law)?

State: California

In January of this year I needed to replace the hot & cold water fixtures in my master bath. As I am on the 3rd floor of a 3 story condo complex, and the 2 units below me all share a common water stack, I sought and got verbal permission from representatives of each unit.

While I had the water stacks turned off, an individual in the first floor unit turned on their guest bathroom sink faucet, did not turn it off and then proceeded to leave the unit.

When I turned on the water to the stacks, water began flowing out of the open faucet, and because the individual in the first floor unit was not home, the water ran unabated for 5 hours flooding the first floor unit, the neighboring first flood unit and common area carpeted hallway.

The HOA states that I am responsible for the flooding and this is when the following charges 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 wrote a letter to the HOA asking to put in writing exactly why was being held accountable for these charges including exactly what CC&R Rules were violated which hold me accountable.

Their response was that my turning off the water stacks resulted in a “chain of events” that lead to the flooding.

When I responded that a setting off a “chain of events” does not meet any legal criteria the responded with, “This assessment is not based on any violation of the rules & regulations. It is not a fine or penalty. The assessment is strictly for reimbursement…”

The Management Company who collects our HOA dues has now charged me a $150 late fee (the total is now $1,879) and they are now threatening to place a lien on my property. To date I have continued to pay my regular HOA dues, but not the assessments.

In order to avoid trying to go to court I have tried to settle this with the HOA by stating that I would pay the $516 for the cleanup to the common area if they would sign a letter drawn up by a lawyer stating that I was not admitting fault or responsibility. I believe I need this as I do not want to open myself up to future claim by either of the first floor units or their insurance companies. The HOA have refused my offer saying they will accept the $516, but will not release me from liability.

Extenuating circumstances:

1 – The person who left their faucet open already owes the HOA more than $6,000 is back HOA dues (I know this as I have been told this by individuals in the condo complex, 1 of which was on the HOA board. I personally feel the reason the HOA is coming after me for these assessments is that they know they will never get further money from this individual.

2 – The person next door who’s place was damaged by the flooding was, at the time, the Treasurer for the HOA and is now the President of the HOA.

3 – Unfortunately I did not have homeowners insurance at the time the incident occurred (I was between companies – I hence have Home owner’s insurance again).


Here are my questions:

-Based on the above, can a lien be placed on my property?
-If so, how do I fight it?
-Can the HOA ask for reimbursement even though they cannot site any CCR rules violated and their best explanation as to why I am responsible for these charges is that I “set off a chain of events” that led to the flooding. (Keep in mind I did get permission to turn the water off).
-Can I threaten to sue my HOA for any type of harassment, threatening of the lean or HOA mismanagement as they continue to insist that I am at fault even though they cannot site and CCR rules violated.
-Can I also sue for mental & emotional duress as we do not feel can comfortably live in our condo complex due to threatening e-mails I have received from the HOA.

I would also accept any other advice that anyone has on my current situation.

Thank you all in advance.

 

[CSO286]

What is the name of your state (only U.S. law)?

State: California

In January of this year I needed to replace the hot & cold water fixtures in my master bath. As I am on the 3rd floor of a 3 story condo complex, and the 2 units below me all share a common water stack, I sought and got verbal permission from representatives of each unit.

While I had the water stacks turned off, an individual in the first floor unit turned on their guest bathroom sink faucet, did not turn it off and then proceeded to leave the unit.

When I turned on the water to the stacks, water began flowing out of the open faucet, and because the individual in the first floor unit was not home, the water ran unabated for 5 hours flooding the first floor unit, the neighboring first flood unit and common area carpeted hallway.

The HOA states that I am responsible for the flooding and this is when the following charges 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 wrote a letter to the HOA asking to put in writing exactly why was being held accountable for these charges including exactly what CC&R Rules were violated which hold me accountable.

Their response was that my turning off the water stacks resulted in a “chain of events” that lead to the flooding.

When I responded that a setting off a “chain of events” does not meet any legal criteria the responded with, “This assessment is not based on any violation of the rules & regulations. It is not a fine or penalty. The assessment is strictly for reimbursement…”

The Management Company who collects our HOA dues has now charged me a $150 late fee (the total is now $1,879) and they are now threatening to place a lien on my property. To date I have continued to pay my regular HOA dues, but not the assessments.

In order to avoid trying to go to court I have tried to settle this with the HOA by stating that I would pay the $516 for the cleanup to the common area if they would sign a letter drawn up by a lawyer stating that I was not admitting fault or responsibility. I believe I need this as I do not want to open myself up to future claim by either of the first floor units or their insurance companies. The HOA have refused my offer saying they will accept the $516, but will not release me from liability.

Extenuating circumstances:

1 – The person who left their faucet open already owes the HOA more than $6,000 is back HOA dues (I know this as I have been told this by individuals in the condo complex, 1 of which was on the HOA board. I personally feel the reason the HOA is coming after me for these assessments is that they know they will never get further money from this individual.

2 – The person next door who’s place was damaged by the flooding was, at the time, the Treasurer for the HOA and is now the President of the HOA.

3 – Unfortunately I did not have homeowners insurance at the time the incident occurred (I was between companies – I hence have Home owner’s insurance again).


Here are my questions:

-Based on the above, can a lien be placed on my property?
-If so, how do I fight it?
-Can the HOA ask for reimbursement even though they cannot site any CCR rules violated and their best explanation as to why I am responsible for these charges is that I “set off a chain of events” that led to the flooding. (Keep in mind I did get permission to turn the water off).
-Can I threaten to sue my HOA for any type of harassment, threatening of the lean or HOA mismanagement as they continue to insist that I am at fault even though they cannot site and CCR rules violated.
-Can I also sue for mental & emotional duress as we do not feel can comfortably live in our condo complex due to threatening e-mails I have received from the HOA.

I would also accept any other advice that anyone has on my current situation. Please feel free to e-mail me directly at Thank you all in advance.

Please edit and remove your email address.

 

[NC Aggie]

Well there's a lot to do about nothing in your post, but the only thing that really matters is are you liable for the damages. Did you notify your neighbors on the day of that the water was being turned off? Secondly, was your neighbor's faucet and drain not functioning properly? Thirdly, did you notify your HOA of the repairs prior to commencing work and were you required to since the repairs impacting your neighbors?

 

[LdiJ]

Well there's a lot to do about nothing in your post, but the only thing that really matters is are you liable for the damages. Did you notify your neighbors on the day of that the water was being turned off? Secondly, was your neighbor's faucet and drain not functioning properly? Thirdly, did you notify your HOA of the repairs prior to commencing work and were you required to since the repairs impacting your neighbors?

First paragraph of first post:

As I am on the 3rd floor of a 3 story condo complex, and the 2 units below me all share a common water stack, I sought and got verbal permission from representatives of each unit.

The only way the water could have flooded is if the 1st floor tenant turned their faucet all the way on AND had a slow drain.

I think that the OP should speak to a local attorney to get a feel for this. However, in my eyes the 1st floor tenant is at fault, and is therefore liable.

 

[Mass_Shyster]

in my eyes the 1st floor tenant is at fault, and is therefore liable.

I agree that first floor occupant appears liable. Negligence requires foreseeability of the harm.

Is it foreseeable (from OP's point of view) that while the water was turned off, another occupant would open a faucet and leave?

If it foreseeable (from first floor occupant's point of view) that the water would be turned back on while he/she was out?

Although turning on the water may have started a chain of events that caused the damage, the same can be said of any action that preceeded the damage. The builder decided to build the building, so that is a cause of the damage.

What needs to be determined is proximate cause (or legal cause). It seems to me that the first floor occupant's action was the proximate cause of the damage, not the OP's actions.

Since HOA is threatening a lien, OP should contact an attorney.

 

[NC Aggie]

First paragraph of first post:



The only way the water could have flooded is if the 1st floor tenant turned their faucet all the way on AND had a slow drain.

I think that the OP should speak to a local attorney to get a feel for this. However, in my eyes the 1st floor tenant is at fault, and is therefore liable.

Well getting permission from representatives of the units may not be enough. There may be a requirement in the CCR that the HOA shall be notified as well.

Also, just because the OP was granted permission from the other residents does alleviate him/her of the responsibility of notifying the residents once the water was actually turned off. It could be argued a failure to do so may have lead to the events that followed.