What is the name of your state? California however living in Florida
My question is about time limitations in accordance with California Code of Civil Procedure 335-349.4 specifically 338 ( Three years ).
Another question do I have recourse for aCivil Suit for the loss of the Condo sale(s)?
I would appreciate some information and answers to my questions if anyone can assist. Thank you!!
Basically, we are the top floor condo, there is one condo below us, both units are 2 bedrooms, 2 bath. We were renting the unit out when this happened. There was water allgedly leaking from our unit and we were notified January 31st 2003 by the Home Owners Association . September 9 2003 the Home Owner Association notified us there was ceiling damage to the unit below us. January 2004 we were notified the tenants denied them access to our unit. April 2004 they notified us there was another leak in the unit below. We evicted our tenants through court in July of 2004. August 2004 we hired a Realtor provided him keys to sell and subsequently he allowed the Managment Company into the unit so there construcion company could inspect our unit and the one below. The construcion companies report indicated 1 sq ft of visual mold in the unit below, this equates to a Level 1 remediation per NYC Guide lines . The over zealous Manager had the construction company prepare a bid wanting approximately $16,700.00 to fix both units, Remediation and build back, sighting New York City Mold restoration methods, as California at that time had no mold laws. The work they proposed was for a level 4 restoration which is the worse you can have 30 sqft and above. When my wife went to California in July to evict the tenants in court, my wife told the owner of the below unit that we would have someone come over and investigate and repair associated damage. On August 26 2004 the owner of the unit below allowed the company we hired to repair the damage and we paid the bill of $586.00. The work done was as follows: Repaired ceilings in bedroom and laundry closet, pulled and re-installed washer dryer combo unit for access 2 men, treated area for mildew, pre paired , patched and primed ceiling walls, Painted ceiling and walls to match, materials and labor. This cost was far less than the over rated bid from Home Owners Contractor. Our unit cost $778.0 The work done as follows: Replaced drain seal in shower, toilet, angle stop, and flex lines in master bath, cleared dish water drain line, replaced fill valve in second bath toilet, treated mildewed areas with fungicide, serviced laundry valves, tested for leaks no leaks were found. No mold was found in either unit by our repair company. After repairs on the unit below the owner expressed her satisfaction with the work to the company we hired and to my father-in law. At this point we thought this was over as we had complied with all request to repair below unit and treated for mildew and we were billed August 30 2004 by our contractor and they were paid, it was over. November 2004 we accepted a contract to sell our unit and were in the process to close, December 15 2004 we received a letter from the Home Owners Associations Attorney stating they wanted a " Mold Clearance Certificate " and conditions must be corrected before sale occurs. The Home Owners Association maliciously advised the closing title company sale could not take place unless the work that the Home Owners Association requested was done. As a result we lost the sale. * NOTE: the work had been completed by August 30 2004. Additionally, we contacted the California Enviromental Agency to obtain a " Mold Clearance Certificate ", the enviromental agency informed us that there was no such document and that there were no provisions in California Legislation/Code/Statue that had any jurisdiction for mold. They refered us to New York Mold Guidelines. Our unit was sold August 2004 for $375,000.00 "AS IS". That buyer back out in November because of the Home Owners Association notice to them that the unit needed a " Mold Clearance Certificate ". We resold the unit November 22 2004 for $370,000.00 and the Home Owners again interfered costing us the sale. Today's market November 2007 the unit under the current market in " As Is Condition " is worth only $225,000.00. We took the unit off of the market as the inteference from the Home Owners Association was harrassing and not productive and as a result the unit could not be sold because of their unreasonable demands. February 23 2005 Home Owners had mold investigation done on the below unit, that we had already fixed and treated for mildew ( that was not present ) and they repaired what they called damage caused by multiple leaks for a total amount of $3,690.43 including $686.90 for attorney fees. They state the leaks happened January 1 2004 thru December 31 2004. This claim was filed October 12 2007. There were no new leaks reported to us after April 7 2004 and as stated leaks and damage were repaired August26 2004.
1) Have statued of limitations expired being that the unit below was fixed August 26 2004 the owner accepted our work and no new leaks occured after the work we did?
2) Do we have recourse against the Home Owners Associations interference in our sale of our unit November 22 2004 for the difference of money from 2004 to 2007 plus attorney fees and more?:
My question is about time limitations in accordance with California Code of Civil Procedure 335-349.4 specifically 338 ( Three years ).
Another question do I have recourse for aCivil Suit for the loss of the Condo sale(s)?
I would appreciate some information and answers to my questions if anyone can assist. Thank you!!
Basically, we are the top floor condo, there is one condo below us, both units are 2 bedrooms, 2 bath. We were renting the unit out when this happened. There was water allgedly leaking from our unit and we were notified January 31st 2003 by the Home Owners Association . September 9 2003 the Home Owner Association notified us there was ceiling damage to the unit below us. January 2004 we were notified the tenants denied them access to our unit. April 2004 they notified us there was another leak in the unit below. We evicted our tenants through court in July of 2004. August 2004 we hired a Realtor provided him keys to sell and subsequently he allowed the Managment Company into the unit so there construcion company could inspect our unit and the one below. The construcion companies report indicated 1 sq ft of visual mold in the unit below, this equates to a Level 1 remediation per NYC Guide lines . The over zealous Manager had the construction company prepare a bid wanting approximately $16,700.00 to fix both units, Remediation and build back, sighting New York City Mold restoration methods, as California at that time had no mold laws. The work they proposed was for a level 4 restoration which is the worse you can have 30 sqft and above. When my wife went to California in July to evict the tenants in court, my wife told the owner of the below unit that we would have someone come over and investigate and repair associated damage. On August 26 2004 the owner of the unit below allowed the company we hired to repair the damage and we paid the bill of $586.00. The work done was as follows: Repaired ceilings in bedroom and laundry closet, pulled and re-installed washer dryer combo unit for access 2 men, treated area for mildew, pre paired , patched and primed ceiling walls, Painted ceiling and walls to match, materials and labor. This cost was far less than the over rated bid from Home Owners Contractor. Our unit cost $778.0 The work done as follows: Replaced drain seal in shower, toilet, angle stop, and flex lines in master bath, cleared dish water drain line, replaced fill valve in second bath toilet, treated mildewed areas with fungicide, serviced laundry valves, tested for leaks no leaks were found. No mold was found in either unit by our repair company. After repairs on the unit below the owner expressed her satisfaction with the work to the company we hired and to my father-in law. At this point we thought this was over as we had complied with all request to repair below unit and treated for mildew and we were billed August 30 2004 by our contractor and they were paid, it was over. November 2004 we accepted a contract to sell our unit and were in the process to close, December 15 2004 we received a letter from the Home Owners Associations Attorney stating they wanted a " Mold Clearance Certificate " and conditions must be corrected before sale occurs. The Home Owners Association maliciously advised the closing title company sale could not take place unless the work that the Home Owners Association requested was done. As a result we lost the sale. * NOTE: the work had been completed by August 30 2004. Additionally, we contacted the California Enviromental Agency to obtain a " Mold Clearance Certificate ", the enviromental agency informed us that there was no such document and that there were no provisions in California Legislation/Code/Statue that had any jurisdiction for mold. They refered us to New York Mold Guidelines. Our unit was sold August 2004 for $375,000.00 "AS IS". That buyer back out in November because of the Home Owners Association notice to them that the unit needed a " Mold Clearance Certificate ". We resold the unit November 22 2004 for $370,000.00 and the Home Owners again interfered costing us the sale. Today's market November 2007 the unit under the current market in " As Is Condition " is worth only $225,000.00. We took the unit off of the market as the inteference from the Home Owners Association was harrassing and not productive and as a result the unit could not be sold because of their unreasonable demands. February 23 2005 Home Owners had mold investigation done on the below unit, that we had already fixed and treated for mildew ( that was not present ) and they repaired what they called damage caused by multiple leaks for a total amount of $3,690.43 including $686.90 for attorney fees. They state the leaks happened January 1 2004 thru December 31 2004. This claim was filed October 12 2007. There were no new leaks reported to us after April 7 2004 and as stated leaks and damage were repaired August26 2004.
1) Have statued of limitations expired being that the unit below was fixed August 26 2004 the owner accepted our work and no new leaks occured after the work we did?
2) Do we have recourse against the Home Owners Associations interference in our sale of our unit November 22 2004 for the difference of money from 2004 to 2007 plus attorney fees and more?:
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