Rentals in 92840>Question Details

Selina, Home Buyer in Orange County, CA

How long does an HOA have to address an emergency?

Asked by Selina, Orange County, CA Tue Dec 21, 2010

The people renting my condo called me recently saying that the someone from the Homeowner's Association was insisting they put a tarp over their deck because there was a lot of water(heavy rains) draining into the patio of the unit below. My tenants were reasonably upset because the tarp totally obscures the outside view. However, the HOA says if anyone removes the tarp I will be liable for any damage.
How long does the association have to actually fix this "emergency" instead of just tarping over it?

0 votes Share Flag Rentals in 92840

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Hi Selina,

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
cell 714-267-7590
off 714-637-1530
fax 714-771-2633

Louri Groves
Prudential California Realty, Newport Beach
1 vote Thank Flag Link Wed Dec 22, 2010
Thanks everyone for your advice. It is a month later and the tarp is still in place. I have called the association and they say they will get back to me with a timeline but have not. This week a contractor called me to set up an appointment and I gave him my tenant's number. He never called the tenant. So I called him to find out why. Per the contractor the job is now going to another company. This is the only clue I have as to what is going on. My tenants have been very understanding but are getting a little fed up and are threatening to remove the tarp...and we are considering looking for legal assistance.

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 which point they then took immediate action and replaced the entire stairway...I don't think they deserve the benefit of the doubt.
0 votes Thank Flag Link Thu Jan 13, 2011

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, QSC®
Certified Distressed Property Expert – CDPE®
Short Sale & Foreclosure Resource – SFR®
Certified HAFA Specialist – CHS®
SSG Pro®
Your Real Estate Consultant for Life
RE/MAX Palos Verdes Realty
0 votes Thank Flag Link Wed Dec 22, 2010
There is no set time as per say, there is reasonable time to cure the problem, "Called an emergency " and yes if your tenant remove the tarp you will responsible for damages cause to other condos in the complex. You must work and stay in communication with directors at your HOA. The HOA they have to call several roofing companies for estimates to repair the problem, I am sure they will do it in a timely manner. The socially correct way of acting; I know it difficult for your tenant but you must explain to them the circumstances .
0 votes Thank Flag Link Tue Dec 21, 2010

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,

Thom Colby
Newport Beach CA
0 votes Thank Flag Link Tue Dec 21, 2010
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