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What are a condo owner's rights with regard to an HOA repairing interior damage?

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ca-organic

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

I'm wondering if you guys can help with California law > what a condo owner's rights are with regard to the HOA repairing interior unit damage... My unit has damage to the ceiling, wall and floor around the front door caused by a roof leak which falls under the association's CC&R responsibilities to repair (roof and interior). The property management company for the HOA has already acknowledged in writing their responsibility to repair the interior of my unit ceiling, wall, floor, window sill, mold, however they sent the community handyman out to do the evaluation and actual repair work rather than a licensed remediation company or a licensed general contractor. Do I have rights or legal recourse to demand a licensed remediation and/or contractor to perform the work in this situation, or am I powerless to accept whatever worker they send to open up my walls regardless of their qualifications? What are my options? Many thanks!
 


LdiJ

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

I'm wondering if you guys can help with California law > what a condo owner's rights are with regard to the HOA repairing interior unit damage... My unit has damage to the ceiling, wall and floor around the front door caused by a roof leak which falls under the association's CC&R responsibilities to repair (roof and interior). The property management company for the HOA has already acknowledged in writing their responsibility to repair the interior of my unit ceiling, wall, floor, window sill, mold, however they sent the community handyman out to do the evaluation and actual repair work rather than a licensed remediation company or a licensed general contractor. Do I have rights or legal recourse to demand a licensed remediation and/or contractor to perform the work in this situation, or am I powerless to accept whatever worker they send to open up my walls regardless of their qualifications? What are my options? Many thanks!
First, I will tell you that a license does not necessarily guarantee that someone will do superior work or not. There is also no guarantee that water damage around your front door area would have anything at all to do with mold.

You have to allow them to repair the damage. You have recourse if their repair is inadequate.
 

adjusterjack

Senior Member
Handymen have lots of experience and often do as good a job as any licensed contractor. They just don't have to be licensed because they are employees.

But, no, you don't have any choice.

Well, one choice. Hire whoever you want and pay for the repairs yourself.
 

FarmerJ

Senior Member
I suggest you contact your city to learn what its so called triggers are for permits to be pulled and what sort of things can and cannot be done to a home in your city with or with out a permit because even if its just drywall repair you really should know if your city requires a permit or not.
 

xylene

Senior Member
You didn't indicate what the HOA responded when, in writing, you aired your serious concerns about the lack of licensure for the handyman, and his skill level to accomplish the work without adversely affecting the value of your owned areas.

That's a suggestion and it's what you need to find out. If you haven't formally objected they may just think you are fine or grudgingly fine with it.
 

ca-organic

Junior Member
Responding to your comments...

Thanks all, for your input, I'm taking all of your comments in--

I guess a handyman who changes the exterior light bulbs on our property and does small fixit jobs to me poses two primary doubts-- (1) one about the quality of his work to open up the interior walls and ceiling properly, >look for mold and proper handling of mold / what to do if he finds any (which could very well be there since I have mushrooms growing out of the carpet)<, and then the drywall replacement, texturing, painting aspect is all a wild card. Maybe he's great with all of that except mold. I think I'll call a water remediation specialist for a visit and a quote and see if they have concerns, maybe that will put my mind at ease or give me further direction. (2) My liability for him as a home owner. There are countless articles on the web that say: #4 Make sure your handyman is licensed, bonded, and insured. If someone working on your property should become injured, unless they have their own liability insurance you will be fully liable. Reputable handymen carry insurance for this purpose and to cover them if they should cause damage to your property.

My thinking is- be responsible and get somebody licensed, and who will do quality work. I emailed the HOA property management company and asked the simple queston: "Is he licensed" and they have no responded to me in a week, so I will now call to confirm but my assumption at this point is the answer is going to be no.

I will try to get something in writing from the HOA that defines what work is going to be done and some agreement for handling dissatisifaction with the work, such as "handyman will take care of quality issues or workmanship failures for a specified amount of time at no charge," maybe that will also be a proactive way to handle it.

I'm not trying to insult the man, or any handyman for that matter, I'm just trying to be proactive and responsible while getting this repaired rather than just passively accepting what's tossed my way for something that's not my fault in the first place.

Thanks again~~
 

xylene

Senior Member
My thinking is- be responsible and get somebody licensed, and who will do quality work. I emailed the HOA property management company and asked the simple queston: "Is he licensed" and they have no responded to me in a week, so I will now call to confirm but my assumption at this point is the answer is going to be no.~
Please note that an email is not the same thing as in writing.

Be sure to mail it, certified return receipt.
 

LdiJ

Senior Member
Thanks all, for your input, I'm taking all of your comments in--

I guess a handyman who changes the exterior light bulbs on our property and does small fixit jobs to me poses two primary doubts-- (1) one about the quality of his work to open up the interior walls and ceiling properly, >look for mold and proper handling of mold / what to do if he finds any (which could very well be there since I have mushrooms growing out of the carpet)<, and then the drywall replacement, texturing, painting aspect is all a wild card. Maybe he's great with all of that except mold. I think I'll call a water remediation specialist for a visit and a quote and see if they have concerns, maybe that will put my mind at ease or give me further direction. (2) My liability for him as a home owner. There are countless articles on the web that say: #4 Make sure your handyman is licensed, bonded, and insured. If someone working on your property should become injured, unless they have their own liability insurance you will be fully liable. Reputable handymen carry insurance for this purpose and to cover them if they should cause damage to your property.

My thinking is- be responsible and get somebody licensed, and who will do quality work. I emailed the HOA property management company and asked the simple queston: "Is he licensed" and they have no responded to me in a week, so I will now call to confirm but my assumption at this point is the answer is going to be no.

I will try to get something in writing from the HOA that defines what work is going to be done and some agreement for handling dissatisifaction with the work, such as "handyman will take care of quality issues or workmanship failures for a specified amount of time at no charge," maybe that will also be a proactive way to handle it.

I'm not trying to insult the man, or any handyman for that matter, I'm just trying to be proactive and responsible while getting this repaired rather than just passively accepting what's tossed my way for something that's not my fault in the first place.

Thanks again~~
The reality of things is that if you call a mold remediation specialist you WILL be told that you need their services and their services will be very expensive. That again is just reality.

The reality of things is that I, a sixty year old woman could do a heck of a job of replacing drywall, texturing and painting and all that goes with that.

The reality of things is that handymen who are employed by an HOA or apartment complex are rarely licensed because they are generally not independent contractors they are employees. Their employers are liable for their actions or inactions as well as their employers liability insurance.

The reality of things is that not all mold is dangerous nor is any of it particularly difficult to get rid of. A good spray down with bleach generally does the trick.

If you really have mushrooms growing out of your carpet you should be more concerned about getting the carpeting either cleaned and the pads replaced or the carpeting and the pads replaced.

And once more, you do not really have any cause of action unless they do a poor job of repairing things.
 

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