What is the name of your state? CA
This is my first post here, and I must say I am very thankful a site like this exists. Thank you for your time and response in advance.
I bought my condo in northern California on Jan 14, 2000. When the carpet was being layed, just prior to move in, I noticed a large section of the corner of the slab foundation was actually severed or unattatched from the rest of the slab. I notified the seller and they appear to have glued or epoxyed the broken piece back into place. The broken piece was about 2 feet wide at one end to about 8 inches wide on the other end, in a triangle shape for a total of 3-4 feet long and positioned under the exterior wall, at the corner of my condo. This crack was caused by a large tree that was removed just prior to my purchase.
I would like to note that my air conditioning stopped working before this summer. Upon having a professional HVAC technician come out, he noticed the hot, or small unwrapped, freon line that runs from my AC fan unit outside, to the equipment inside, was severed. This freon line runs right through the slab concrete broken portion of the foundation. I have been trying to get my HOA to address this problem all summer and they have recently come to the conclusion that they are not responsible for AC freon lines. I was without AC this entire summer due to the HOA's blame game and heel dragging. Their final decision not to pay for the damage just came yesterday.
My problem is this: The HOA say that my AC unit is not covered according to their CC&R's. The HOA refers to my broken freon line that runs through the broken slab portion, up the wall, through the cieling to my AC closet, as being part of the "System" of the AC and is not their responsibility. This is my HOA's wording in the CC&R's regarding their responsibility:
Interior Appliances, Shelves, Counters, Fixtures (including tub, shower, sink, air conditioners and air conditioning systems serving the individual units) and floor coverings: Owner's responsiblity.
The HOA has a lawyer on retainer who insits on discouraging me in all endeavors. The HOA's lawyer keeps saying the AC freon lines are part of the "System", yet these lines run through the cracked portion of the foundation and then through the structure. An entirely new set of AC lines will now have to be run up through the attic and down the side of the building with a decorative plating over the new freon lines to comply with the CC&R's. My entire AC system was brand new in January of 2000, when I moved in. This has been documented by HVAC professional and sent to the HOA's lawyer.
Please tell me there is some course of action I can take or some civil code or precedent that would help me in my case I plan to take to small claims court. This summer was so miserable with temperatures up to 96 degrees where I sleep, and after all that suffering to have them tell me I now have to pay for the fix myself and have the asthetics scrutinized by the board. I am so angry with them.
Thank you for time and patience.
Shane
This is my first post here, and I must say I am very thankful a site like this exists. Thank you for your time and response in advance.
I bought my condo in northern California on Jan 14, 2000. When the carpet was being layed, just prior to move in, I noticed a large section of the corner of the slab foundation was actually severed or unattatched from the rest of the slab. I notified the seller and they appear to have glued or epoxyed the broken piece back into place. The broken piece was about 2 feet wide at one end to about 8 inches wide on the other end, in a triangle shape for a total of 3-4 feet long and positioned under the exterior wall, at the corner of my condo. This crack was caused by a large tree that was removed just prior to my purchase.
I would like to note that my air conditioning stopped working before this summer. Upon having a professional HVAC technician come out, he noticed the hot, or small unwrapped, freon line that runs from my AC fan unit outside, to the equipment inside, was severed. This freon line runs right through the slab concrete broken portion of the foundation. I have been trying to get my HOA to address this problem all summer and they have recently come to the conclusion that they are not responsible for AC freon lines. I was without AC this entire summer due to the HOA's blame game and heel dragging. Their final decision not to pay for the damage just came yesterday.
My problem is this: The HOA say that my AC unit is not covered according to their CC&R's. The HOA refers to my broken freon line that runs through the broken slab portion, up the wall, through the cieling to my AC closet, as being part of the "System" of the AC and is not their responsibility. This is my HOA's wording in the CC&R's regarding their responsibility:
Interior Appliances, Shelves, Counters, Fixtures (including tub, shower, sink, air conditioners and air conditioning systems serving the individual units) and floor coverings: Owner's responsiblity.
The HOA has a lawyer on retainer who insits on discouraging me in all endeavors. The HOA's lawyer keeps saying the AC freon lines are part of the "System", yet these lines run through the cracked portion of the foundation and then through the structure. An entirely new set of AC lines will now have to be run up through the attic and down the side of the building with a decorative plating over the new freon lines to comply with the CC&R's. My entire AC system was brand new in January of 2000, when I moved in. This has been documented by HVAC professional and sent to the HOA's lawyer.
Please tell me there is some course of action I can take or some civil code or precedent that would help me in my case I plan to take to small claims court. This summer was so miserable with temperatures up to 96 degrees where I sleep, and after all that suffering to have them tell me I now have to pay for the fix myself and have the asthetics scrutinized by the board. I am so angry with them.
Thank you for time and patience.
Shane
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