It's tough when you have good tenants that pay on time and take care of your investment. You want to keep them happy!
As a landlord, I would contact the association and ask when they plan to fix the "emergency". This way I can let the tenants know when to expect to get their view back. I would also nicely ask the tenants not to remove the tarp (via email or in a letter). I would call the American Association of Landlords (they provide free legal counseling to members) to see how to communicate that I will hold the tenants liable if any damage results from them removing the tarp (if I can hold them liable).
You might also want to read your CC&R's to see if there are guidelines and timelines for emergency repairs.
Here is an excellent roofer:
Thomas W Carstensen
T&G Roofing and Roof Removal, Inc.
960 N. Enterprise St
Orange, CA 92867
Prudential California Realty, Newport Beach
This is not the first incident we have had with the HOA. We have told them of rickety stairs several times only to have one of our tenants fall and hurt herself...at which point they then took immediate action and replaced the entire stairway...I don't think they deserve the benefit of the doubt.
The answer to your question should be in the CC&Rs or the Rules and Regulations for the HOA. If you don't find them there, then contact the HOA and ask them for their timeline to take care of this problem. If you do not believe they are handling this correctly, you may want to contact an attorney.
All that being said, we currently experiencing heavy rains. Tarps help to mitigate the problem until the underlying issues can be addressed. If your tenant lived "downstairs" they would be very appreciative of the temporary sacrifices being made by the upstairs neighbor, I am sure. It sounds to me like your tenants are being UNreasonable in this situation.
My recommendation to you is first help your tenants see the logic behind a temporary inconvenience in order to be good neighbors. Then, get a repair timeline from the HOA and share this with your tenants. I am sure the association wants this fixed as badly as your tenant AND the downstairs neighbor. Good luck and Dare to Dream.
Shel-lee Davis, QSCÂ®
Certified Distressed Property Expert â€“ CDPEÂ®
Short Sale & Foreclosure Resource â€“ SFRÂ®
Certified HAFA Specialist â€“ CHSÂ®
Your Real Estate Consultant for Life
RE/MAX Palos Verdes Realty
The HOA must respond to and take immediate action to correct and prevent any issue causing damage to any unit. That said, if you were in the unit below, wouldn;t you want the issue handled right away? I don't think it's unreasonable for the HOA to tarp over whatever is causing the leak while this current rain is underway and getting worse. Your tenants, although they won't like their view being blocked in the short term, they should be appreciative you have such a responsive HOA.
In this weather, getting an HOA to respond is like "Gold" -
Say thank you, let them put the tarp up, and when the weather is better they should get on the real issue quickly.
Best of luck,
Newport Beach CA