ABOUT EVERY TWO MONTHS I GET a call that usually starts off with, “I bought this adorable little condo off Montana … and then the upstairs neighbor had a flood … and then the homeowners association refused … and now I’ve got this huge assessment… do I have to pay it?”
A glorious tale of woe ensues wherein a first time condominium buyer is finding out the reality of communal living. Aside from the basics of living in close quarters with other human beings, there comes with a condominium the joys of shared responsibilities.
Each owner is a member of the association, the association is run by a document called the Covenants, Conditions and Restrictions, or CCR’s. They are the rules the homeowners must abide by.
Once there is a set of rules for a group of people to follow, there is always someone who wants to enforce the rules down to the last “shall not” and there is always someone who wants to bend it a little.
This is the playground for the showboat, the doodiehead with no life purpose, but to cause strife and angst in others. They frequently aspire to be president of the association, and frequently they achieve such lofty goals through the apathy of their neighbors.
In general, the condominium association will spend huge amounts of time arguing over minor items. Favorite topics of discussion are this season’s flowers, and enforcement of some picayune rule that no one cares about but the three people arguing over it.
Where this all becomes an issue is when the unit suddenly has a major leak and there is sewage all over a new home. The likely causes of this most common scenario are that the upstairs neighbor has either ignored a problem long enough, that it has now rotted through the floor-boards, the studs in between the units and the drywall of the new homeowners unit; or worse, the plumbing in between the units has sprung a leak.
When the leak is between walls, an argument is sure to ensue about whose responsibility it is to fix it, the pipe could be either of the homeowners, or it could be the association’s if it is “common area”.
Even if it is common area, and thus the responsibility of the association to repair, when the truth comes out, the association will say that it is not their problem to repair your unit and reimburse you for your destroyed antique collection.
The president of the association, who should rightly be called the Head Tormentor, will quickly disclaim any responsibility beyond that of hiring a plumber to come out, rip through your drywall, put a piece of plumbers tape on the leak, and then leave your home with a hole in the drywall exposing the plumbing, the insulation and the mold. And yes, you’ll get the bill in the form of an assessment.
At this point the new homeowner has the following options: 1) Hire a plumber and file a claim with their own insurer; 2) Repair it themselves and 3) Let the association hire a plumber to make the repairs and then pay the assessment.
Obviously Number 1 has the problem of increased premiums, and the unit now has a history of claims PLUS the homeowner is taking on the liability if the repair is done in a faulty or imperfect manner. Number 2 is a good option if you are handy, except that, you are now personally liable for the quality of the repair and any future problems will, rest assured, be blamed on your shoddy workmanship, even if the problem is an electrical problem and unrelated to the repair you did.
Number 3 is why the Davis-Stirling Common Interest Development Act should properly be called the full employment for lawyers act. I’ve seen cases where the board spent thousands of dollars on unpermitted work, only to remove it, but they still want all the homeowners to pay by way of assessments.
When an assessment arrives, the homeowner should ask to see the invoices. Most boards wont show you the invoices, and then you have to sue the association. Sue hard. Sue Fast. Sue them all.
I realize that my making a pronouncement like this is scary, and it certainly isn’t true in all cases. But my experience has been that more often than not, this is the best answer. There are some good associations and each case should be evaluated on its merits, but in general, when dealing with the association it is a good practice to get their attention with a strong lawsuit, and then negotiate.
David Pisarra is a Family Law Attorney in the Santa Monica law firm of Pisarra & Grist. He 310/664-9969 or by e-mail at
Originally published in the Santa Monica Daily Press print edition on February 19, 2008. Read the original PDF.