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Retirement Community Rip_off

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novawest

Junior Member
My elderly parents own a winter home in Mesa, AZ. in a mobile home retirement community.

They own the mobile home and the land. The community is incorporated and there is a Board of Directors. This past year the decision was made to assess each owner $1500 for the purpose of having the streets repaved. The repaving took place this past late Spring after most of the tenants had left for the season. During the preparation of the street in front of my parents property, the contractor cut the line for the phone service to my parents property (the phone lines are installed underground, rather than off of a pole). Being that my parents were not there while the work was being done (they were back at their main home in Virginia), they were not aware this had happened until they prepared to return for the winter this year. When the phone company was contacted to go connect the phone for the season, they discovered the problem and called to inform my parents. At that time, my father called and spoke with the President of the Board.

The response that he got was that it was not the Board's problem, and that if my parents wanted the phone to be connected, they would have to pay, to the tune of about $3500, to have the street dug up and the problem repaired. Can you advise if my parents have any legal ground to force the Board to absorb the cost of repairing the cut phone line, since the Board hired the contractor at the behest of all the residents of the community...and assuming that the contractor was liable for assuring that these sorts of things would not happen, given that they had a layout of the utilities located within the community. As an aside, the contractor also cut the power supply line (also installed under the street) to my parents ( as well as their next door neighbors) property and did absorb the cost of having that repaired by the local power company. My parents were only aware that this had happened because the neighbor called them in Virginia to inform them.
 
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JETX

Senior Member
How do you think the HOA was responsible for "the contractor cut the line for the phone service to" your parents property??
And what did the contractor say when your parents contacted him about the problem??
 
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DAD09

Registered User
PG AN E's severed

Regardless of whom severed the phone lines if they were public/P G and E's this could be considered a health/safety issue. Contact the nearest building and safety dept -it is their responsibility to correct the issue-they have the means and "deeper pockets".
 

novawest

Junior Member
JETX -

The HOA was who hired the contractor, and decided to have the work done during the "low" season, when the community is mostly empty of residents.
I would surmise that since the HOA was acting on behalf the residents, their responsibility would lie in assuring the contractor did the job correctly...or that they, as the acting agent for the residents, would contact the contractor (since they signed the contract, not my parents) and advise them there was an issue that needed to be resolved....rather than to just tell my parents it "was not their problem". Where the line was cut is not on my parents property, it is located out in the street (public access).
 

JETX

Senior Member
The HOA was who hired the contractor, and decided to have the work done during the "low" season, when the community is mostly empty of residents.
Presumably to minimize the impact on the residents.

I would surmise that since the HOA was acting on behalf the residents, their responsibility would lie in assuring the contractor did the job correctly...or that they, as the acting agent for the residents, would contact the contractor (since they signed the contract, not my parents) and advise them there was an issue that needed to be resolved....rather than to just tell my parents it "was not their problem".
Your presumption is NOT correct. Granted, the contractor was working FOR the community in whole (through the HOA), depending on the FULL facts, the HOA is likely not liable for the actions of the contractor as it applies to each resident. In any case, you have already contacted them and they have denied your request.

Where the line was cut is not on my parents property, it is located out in the street (public access).
Not really an issue. The simple fact is their service was 'cut'... and the contractor did it. Contact the contractor and ask them to fix the problem they caused.
 

novawest

Junior Member
JETX -

So, you are saying that the HOA bears absolutely NO responsibility in this ?
Shouldn't they be working with my parents to help get this resolved rather than responding that it is "not their problem" ?

What is the action then if the contractor is contacted, and refuses to do anything, citing the completed job was signed off on as approved ?

Are you telling me that my folks are SOL...they did not hire the contractor...they had no dealings in this matter other than to pay their part of the special assessment required...and now they are going to get stuck with having to possibly lay out $3500 to have this mess repaired ? It seems there should be some recourse in a situation like this....
 

JETX

Senior Member
So, you are saying that the HOA bears absolutely NO responsibility in this ?
No. I'm saying that there is nothing in your post to suggest the HOA has liability.

Shouldn't they be working with my parents to help get this resolved rather than responding that it is "not their problem" ?
Shouldn't they?? Probably.
Are they required to resolve it for them?? No.

What is the action then if the contractor is contacted, and refuses to do anything, citing the completed job was signed off on as approved ?
If it were mine, I would argue that the 'sign off' (if one) does not waive their responsibility for damage claims. Your state (AZ) has a two year SOL for property damage.

Are you telling me that my folks are SOL...they did not hire the contractor...they had no dealings in this matter other than to pay their part of the special assessment required...and now they are going to get stuck with having to possibly lay out $3500 to have this mess repaired ?
Nope. Never said anything like that.

It seems there should be some recourse in a situation like this....
Read my posts.
 

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