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Realtor damaged common property

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hoaprez

Junior Member
What is the name of your state?What is the name of your state? California

First and foremost thank you for reading this. I am the president of a small HOA townhome complex. The selling agent for one of our units recently brought a couple of 'handy men' with permission from the owner/seller to inspect the outside facade of the selling unit for termite damage. this was after a termite report was already attained by the HOA. The owner had given the realtor permission to 'check-out' the area that the termite inspection report identified as needing repair. meanwhile, we have a scheduled termite company coming in one week to treat the offending wood (for the whole complex - not just the selling unit). Also, it should be known that the escrow can not close until the wood is treated AND fixed. The realtor's handy men went ahead and started to chip and peel the wood off without any expressed authorization from the HOA or a representative! one of our owners saw them and told them to stop. they did, but they managed to create an unsightly spectacle of the unit's facade. Since it is my understanding that the external walls are all the responsibility of the HOA to maintain and are part of the complex, do I have ground to make the realtor pay for damaging the building. My plans are to contact the realtor's office first, but wanted to get some thoughts on it before i did that. If that does not resolve the situation, then I intended to file a complaint with California Department of Real Estate for unprofessional conduct - as it is my assessment that she wanted to pressure the HOA to quickly fix the unit so that she could get her commission. meanwhile the current owner is great and we would like to help him out so that he doesn't carry two mortgages. Any thoughts and advice would be appreciated. Thank you again.
 



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