Liability HOA Property Management, Unitowners

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r3t1nalscan

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INTERESTED PARTIES: Downstairs condo owner 8, Upstairs condo owner 10, HOA, Property Manager, Insurance Companies for both owners, Restoration and Remediation Company, Unitowner's Property Management and Maintenance worker

CONCERN: HOA will lien/foreclose against my property. My island bottom condo 8 suffered damage when the unitowner upstairs 10 shower leaked Aug 5, 2008, into my bathroom ceiling, wall and floor. 10's property management sent a maintenance man, not a certified plumber to look at 10 and 8. He would not sign a document stating the source was certain or that he had fixed it. 10 leaked into 8 again late 2008 after 10 owner, who lives out of state, constantly ignored HOA requests to investigate the cause of leak and repair in August 2008. When the late 2008 leak was phoned to HOA, 10's property management sent a plumber with fix-it man who gave me a verbal approval that the source was determined and the situation repaired, but denied my request to document his findings. 10 unitowner lives in Montana or California. He is insured with State Farm in Washington State. State Farm denied his claim to cover the costs of the water damage or the remediation. The bylaws state clearly that each unitowner is responsible for keeping their pipes and infrastructure in proper working order. The HOA management and legal first appeared to champion my position, then suddenly sent ME a bill for $3200 for mold remeditation. I did not sign documents or order the mold remediation. The invoice shows the Property Management as the party that ordered the remediation service and the Property Management executive stamp that approved the work order. I understood the HOA would cover the cost of the remediation, since they feared mold spreading to multiple units. I understood during the remediation and investigation process, where pictures were taken of my bathroom ceiling, wall and floor damage, that pre-loss conditions would apply and that the Property Management/HOA was going to go after 10 unitowner. This was from a phone call I had with the manager of the property management group. Property Manager's position changed after consulting his legal team in Jan 2009. All along, he was quite upset with 10 condo owner's lack of response and then changed his own position mid-stream after ordering the restoration and remediation. I pay $127 monthly to property management/HOA in condo fees. I work part time and do not have $3200. The main condo insurance policy has a $5000 deductible. The HOA also owns common parts of property, so I want to know my liability, the upstairs unitowner liability and the HOA liability, since HOA ordered mold remediation. Can HOA attach a lien against my condo and foreclose on my condo to intimidate me to pay? There is already an IRS lien attached, stemming from an ID Fraud case that I have dealt with for 14 years, just after my property was purchased. Mold was found after the water damage from upstairs. The leaks did not originate from downstairs. I believe I could go to Small Claims, but am concerned about collecting from the unitowner upstairs, who lives out of state. My State Farm paid damage from water leak only, approx $2150, but that gap policy deductible is $1000, so I was paid $1150. Mold remediation comes to $3200, which State Farm does not cover. I want $3200 plus the $1000 deductible paid by the upstairs owner. I fear the HOA. I feel intimidated by the actions of the HOA in attaching the $3200 remediation bill to my account, instead of attaching it to the owner whose condo was the source of the leak. His leaks from upstairs in the kitchen cost me $2500 about 6 years ago, which I paid because I leased out my condo and had no opportunity to take legal action. Real Estate Agency recommended mediation or legal assistance. I have had a hard time finding an attorney who will take this case. I worked for a prosecutor in Orange County, CA and my family has ties with law enforcement and we have attorneys in my family. I would like to work within the system and take responsibility for my part, but would not agree that I should pay the entire cost again in this case. Thank you for your valuable time. Your site is a help to others and your determination to assist others is noble.
 
It sounds like you've got a lot of problems, including a 14 year lien. I don't know what the problem is here exactly but the HOA might be saying you need to pay your end and sue the owner of the unit above you. You should get a lawyer, especially if you've got a family of attorneys. Getting an answer here where nobody can see any of the paperwork isn't a good answer.
 
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