sewer pipe in common area

[jgershater]

What is the name of your state? - California

I live in a townhome complex. The front gardens and streets are maintained by the HOA (Home Owner's Association).
I discovered that the sewer pipe from the city sewer line to my unit was blocked. Since this pipe portion is under the common area of the complex I asked the HOA to repair it. They refused. I thus repaired it. Now the HOA is claiming that I did not repair the landscaping to their satisfaction (the grass I replaced did not match the rest of the grass in the complex) and they want a special assessment on me to repair the landscaping.

I read the CC&Rs and it specifies that the sewer pipe connecting the city sewer to a private unit, is to be maintained by the HOA (with the cost passed on to the private unit).

Since the HOA refused to repair the sewer in the first place, is their assessment on me for landscape repair allowed?

I maintain that even though the cost would have been passed onto me, if the HOA would have repaired the sewer as they are obliged, the landscaping cost they are now claiming would not have been incurred because it would have been done by the HOA to their satisfaction

[FarmerJ]

If you have the refusal they made in writting take it and your documents that spell out that they were to make the repair to a real estate attorney who can discuss with you what your options may be.

[HomeGuru]

Originally Posted by jgershater

What is the name of your state? - California

I live in a townhome complex. The front gardens and streets are maintained by the HOA (Home Owner's Association).
I discovered that the sewer pipe from the city sewer line to my unit was blocked. Since this pipe portion is under the common area of the complex I asked the HOA to repair it. They refused. I thus repaired it. Now the HOA is claiming that I did not repair the landscaping to their satisfaction (the grass I replaced did not match the rest of the grass in the complex) and they want a special assessment on me to repair the landscaping.

I read the CC&Rs and it specifies that the sewer pipe connecting the city sewer to a private unit, is to be maintained by the HOA (with the cost passed on to the private unit).

Since the HOA refused to repair the sewer in the first place, is their assessment on me for landscape repair allowed?

I maintain that even though the cost would have been passed onto me, if the HOA would have repaired the sewer as they are obliged, the landscaping cost they are now claiming would not have been incurred because it would have been done by the HOA to their satisfaction

**A: you may have a point. Seek legal counsel as FarmerJ has suggested.