HOA not making repairs

[lk19]

California - I am a tenant in a Condo unit. The roof began leaking in January when it rained and saturated the ceiling that part of the ceiling came down. I informed my landlord and he informed the management company. The on-site maintenance person came and made the hole bigger (he said to probe the roof to see where it was leaking.) Well, that was in January. I keep asking my landlord the status of getting the roof fixed and consequently the ceiling fixed and he keeps asking the Management Company. He has sent letters to the HOA board and the president of the board but so far they have been very slow to respond if they do at all. It is now June and I am still living with a hole in the ceiling and no idea when it is going to be fixed. Does my landlord (or I) have any legal recourse to force the board to get the roof fixed within a certain time period? (My landlord said that he was going to get a lawyer but so far all he has done is send a letter to the HOA proclaiming his displeasure. I would really like to get this fixed.

Thank you.
Leigh T.

P.S. This is now the third time since I moved in 2 years ago that the roof has leaked. They said that they fixed it each time but it doesn't seem to last.

 

[Shel77]

Ok so you are a tenant and so your landlord ownes the condo you are in but the HOA is responsible for repair, am I missing something maybe it's just me but why would the landlord (owner of the unit) not be the one responsible for fixing his property?

 

[lk19]

California -
If he were responsible it would make things easier. But my landlord is not responsible for fixes to common areas such as the roof. The ceiling is an almost beside-the-point (except for me living with the hole) since the hole was caused by the leak in the roof.
My landlord would be more than happy to fix the ceiling but he can't until the roof is fixed which has to be done by the HOA board.

 

[Shel77]

Well, getting a lawyer is about all you can do, that I know of at least. I know it's difficult that the lawyer he (landlord) hired seems to be usless all you can do is contuie asking the landlord daily what the status is and hope that if it becomes a big enough annoyance for him he will see to it that it gets taken care of. I am sure he is a nice guy but he's not the one living with the hole and leaking roof so it tends to get put on the back burner when you don't live with it.

 

[HomeGuru]

Well, getting a lawyer is about all you can do, that I know of at least. I know it's difficult that the lawyer he (landlord) hired seems to be usless all you can do is contuie asking the landlord daily what the status is and hope that if it becomes a big enough annoyance for him he will see to it that it gets taken care of. I am sure he is a nice guy but he's not the one living with the hole and leaking roof so it tends to get put on the back burner when you don't live with it.

**A: hire your own laywer and sue both L and the HOA. You are being held hostage by the HOA inaction and the L is allowing this to happen.