How to force a condo owner to let you in

[Elahrairah]

California.

I own an apartment in a complex and rent it out.

Ok, so on July 2nd, a letter is written to the HOA from the man below me saying that water is leaking into his bathroom (mine is right above). HOA management send me a letter which I get on July 7th.

Question 1: Do I have to cover extra water damage due to such late notification? (keep in mind he has my cell number and has called it a few times in the past, no idea why he didn't just call)

So, to move forward, I get a plumber in, and we cut off the water to the shower and they are working on the drain (which was the problem). Problem is, they cannot put a new drain on unless they cut a hole through his ceiling from below. He refuses anyone to come into his apartment. No way, no how.
Plumbers cannot move forward until this step is done.

Question 2: What can I do about this? I have heard everything from "you can't force him to let people into his place" to "have the HOA write him a letter, blah blah...which could take days again". I will go this route, but the problem is, my tenant has now gone almost a week without a shower and the plumber only has this one thing left to do to finish the job. No end in sight. Tenent is starting to indicate she will bail on the lease and sue for damages due to no shower (I cannot blame her, but I don't want her to leave). Can I sue this guy to have the courts force him to let people in the apartment? I can not re-lease an apartment without a working bath/shower....

 

[HomeGuru]

California.

I own an apartment in a complex and rent it out.

Ok, so on July 2nd, a letter is written to the HOA from the man below me saying that water is leaking into his bathroom (mine is right above). HOA management send me a letter which I get on July 7th.

Question 1: Do I have to cover extra water damage due to such late notification? (keep in mind he has my cell number and has called it a few times in the past, no idea why he didn't just call)

So, to move forward, I get a plumber in, and we cut off the water to the shower and they are working on the drain (which was the problem). Problem is, they cannot put a new drain on unless they cut a hole through his ceiling from below. He refuses anyone to come into his apartment. No way, no how.
Plumbers cannot move forward until this step is done.

Question 2: What can I do about this? I have heard everything from "you can't force him to let people into his place" to "have the HOA write him a letter, blah blah...which could take days again". I will go this route, but the problem is, my tenant has now gone almost a week without a shower and the plumber only has this one thing left to do to finish the job. No end in sight. Tenent is starting to indicate she will bail on the lease and sue for damages due to no shower (I cannot blame her, but I don't want her to leave). Can I sue this guy to have the courts force him to let people in the apartment? I can not re-lease an apartment without a working bath/shower....

**A: deal with your condo Board and have them help you. They need to seek legal counsel if legal action is required. Your condo docs give the Board the right to access a condi unit for repairs of this such nature.

 

[Elahrairah]

LOL. Actually, the man below me is the President of the HOA. When I called the management company rep, he told me he is just a facilitator, he cannot get involved (???) he can only pass paperwork between the owners and collect of past due fees. I can only imagine what the next meeting will be like if I have to bring up legal action against this guy (probably need his permission to bring it up in the meeting!).

However, I called his wife and after agreeing to pay her $$ per day for the 'inconvenience' of having people in their apartment, the plumbers can come in, but only between certain hours (late afternoon and evening, outside of normal working hours...).

This is the quickest solution to get my tenant a working bathroom. Later I will consider suing her for extortion or something, (if I can)...haha.

 

[HomeGuru]

LOL. Actually, the man below me is the President of the HOA. When I called the management company rep, he told me he is just a facilitator, he cannot get involved (???) he can only pass paperwork between the owners and collect of past due fees. I can only imagine what the next meeting will be like if I have to bring up legal action against this guy (probably need his permission to bring it up in the meeting!).

However, I called his wife and after agreeing to pay her $$ per day for the 'inconvenience' of having people in their apartment, the plumbers can come in, but only between certain hours (late afternoon and evening, outside of normal working hours...).

This is the quickest solution to get my tenant a working bathroom. Later I will consider suing her for extortion or something, (if I can)...haha.

**A: ok, sounds good. The Board Pres. has no idea what his duties are.

 

[Elahrairah]

Just to make it clear:

The guy who is an ass and lives below me is the President of the Board (elected by the homeowners).

The guy who said he couldn't get involved is the Rep from the management company (hired by the board, of course) who sent the letter saying there is a leak.

So my enemy has power over me, and the guy who supposed to help won't get involved. Courts take forever and I will lose my tenent.....