G
georx
Guest
What is the name of your state? CA
I bought a condo 2 months ago. I was not originally told in the disclosures that the slate patio covering was installed without approval by HOA. During escrow, the HOA denied the seller's (after the fact) "architectural modification application" and I was informed 2 weeks ago by the HOA's attorney that I could either remove the patio or sign an agreement indemnifying the HOA for any repair, attorneys fees, etc that occur due to any damage that may happen to my unit, the building, neighboring units because of my unapproved slate patio covering. This slate covers slab concrete on my second floor balcony.
1. Is is legal for the HOA's attorney to demand that I sign an indemnification on a patio not installed or paid for by me? Shouldn't the HOA sue the previous owner for damages because she installed the patio without HOA permission?
2. The HOA apparently met with a contractor during escrow- this was never disclosed until yesterday. The contractor recommended NOT to try to remove the patio tiles because it would be too costly, require 3 days of jack-hammering, and likely cause major damage to the building including broken glass from vibration. The HOA does not want me to remove the patio tiles for this reason, and refuse to indemnify me for any damage that will occur to other units due to the jack-hammering and removal process. Their lawyer refuses to drop the issue, in order to "protect the legal liability of the HOA." The HOA is not interested in suing the previous owner because she has "gone to Turkey and would be too hard to track down." The HOA said that the previous owner's nephew installed the patio tiles, wasn't a bonded contractor, so they cannot sue him and therefore, I'm stuck as the new owner of this mess. By the way- the HOA is ordinarily responsible for the patio and unit exterior because I only own the inside portion of the unit.
3. What could they do if I don't sign the indemnification, and don't remove the patio tiles either? I don't want to remove the tiles, then be liable for damages caused in the removal process.
4. Do I have legal recourse against the listing agent for not disclosing the unapproved patio surface issue until a week before COE? Even then, the agent only said that "architectural review was pending" and the seller gave me $5000 out of escrow to "deal with the problem." I was not aware that the HOA wanted us to keep the patio and indemnify the HOA for damages. This lowers our property value because a future owner will have to agree to the same agreement- or make us remove the patio before we sell. When these tiles are removed from the patio- the contractor said that the concrete will likely not be a smooth surface and will probably be cracked and damaged (a new owner will not want this either).
What should I do, and what rights do I have?
I bought a condo 2 months ago. I was not originally told in the disclosures that the slate patio covering was installed without approval by HOA. During escrow, the HOA denied the seller's (after the fact) "architectural modification application" and I was informed 2 weeks ago by the HOA's attorney that I could either remove the patio or sign an agreement indemnifying the HOA for any repair, attorneys fees, etc that occur due to any damage that may happen to my unit, the building, neighboring units because of my unapproved slate patio covering. This slate covers slab concrete on my second floor balcony.
1. Is is legal for the HOA's attorney to demand that I sign an indemnification on a patio not installed or paid for by me? Shouldn't the HOA sue the previous owner for damages because she installed the patio without HOA permission?
2. The HOA apparently met with a contractor during escrow- this was never disclosed until yesterday. The contractor recommended NOT to try to remove the patio tiles because it would be too costly, require 3 days of jack-hammering, and likely cause major damage to the building including broken glass from vibration. The HOA does not want me to remove the patio tiles for this reason, and refuse to indemnify me for any damage that will occur to other units due to the jack-hammering and removal process. Their lawyer refuses to drop the issue, in order to "protect the legal liability of the HOA." The HOA is not interested in suing the previous owner because she has "gone to Turkey and would be too hard to track down." The HOA said that the previous owner's nephew installed the patio tiles, wasn't a bonded contractor, so they cannot sue him and therefore, I'm stuck as the new owner of this mess. By the way- the HOA is ordinarily responsible for the patio and unit exterior because I only own the inside portion of the unit.
3. What could they do if I don't sign the indemnification, and don't remove the patio tiles either? I don't want to remove the tiles, then be liable for damages caused in the removal process.
4. Do I have legal recourse against the listing agent for not disclosing the unapproved patio surface issue until a week before COE? Even then, the agent only said that "architectural review was pending" and the seller gave me $5000 out of escrow to "deal with the problem." I was not aware that the HOA wanted us to keep the patio and indemnify the HOA for damages. This lowers our property value because a future owner will have to agree to the same agreement- or make us remove the patio before we sell. When these tiles are removed from the patio- the contractor said that the concrete will likely not be a smooth surface and will probably be cracked and damaged (a new owner will not want this either).
What should I do, and what rights do I have?