How To Handle Neighbor Disputes in Your HOA Community

Navigating Neighbor Disputes in HOA Communities: Your Rights and Options

Living in a homeowners association (HOA) community can offer many benefits, but it also comes with unique challenges - especially when conflicts arise between neighbors. As a California HOA law firm, we frequently see these sensitive situations. In this post, we'll break down common issues surrounding neighbor disputes in California HOAs and share general information about ways they are often addressed.

Understanding the Contractual Relationship in HOAs

Many homeowners don't realize that when they purchase a property in an HOA community, they enter into a contractual relationship not just with the association, but often with other owners as well. The Covenants, Conditions, and Restrictions (CC&Rs) can establish obligations that may be enforceable between owners and the association, and in some circumstances between owners. This means that if a neighbor violates the CC&Rs in a way that impacts you, it could potentially be framed as a breach of the governing documents.

Common Types of Neighbor Disputes in HOAs

1. CC&R Violations

CC&R violations can take many forms. Some common examples include neighbors failing to clean up after their pets, engaging in prohibited commercial activities from home, or making unapproved architectural changes to their property. These actions not only violate community rules but can also negatively impact the quality of life for surrounding residents.

2. Use of Common Areas

Issues often arise around the use of shared spaces within the community. Parking violations are a frequent source of conflict, with residents or their guests improperly using designated spaces. Improper use of amenities like pools or green spaces can also lead to disputes. In condo associations, disagreements over shared spaces are particularly common due to the close proximity of living arrangements.

3. Noise and Nuisance Complaints

Noise and nuisance complaints are particularly prevalent in multi-unit buildings. These can stem from excessive noise caused by hard flooring, frequent parties, or simply day-to-day activities that carry through shared walls. Other sensory disturbances, such as strong odors, can also fall into this category. Violations of quiet hours or other community rules designed to maintain peace and order often lead to neighbor conflicts.

4. Architectural and Aesthetic Disputes

Conflicts can emerge when homeowners make changes to their property that affect the overall aesthetic of the community. This might include unapproved exterior changes or paint colors that don't align with community standards. Fence placement disputes, especially those involving potential encroachment on neighboring properties, are another common issue. Construction projects can also lead to disagreements, particularly when it comes to noise and disruptions during the building process.

Steps to Address Neighbor Disputes in HOAs

When facing a neighbor dispute in your HOA community, it's often helpful to approach the situation methodically. Start by thoroughly documenting the issue. Keep detailed records of incidents, including dates, times, and any communication with your neighbor or the HOA. This documentation can be important if the dispute escalates.

Next, review your governing documents carefully. Examine your CC&Rs and HOA rules to identify potentially relevant provisions. Understanding the exact rules at issue can help you communicate clearly about the concern.

Once you've gathered information and reviewed the rules, consider attempting to resolve the issue directly with your neighbor. Approach them calmly and respectfully, explaining your concerns. After any verbal discussions, you may want to follow up with an email to create a written record of your communication.

If direct communication does not resolve the issue, you can consider involving the HOA. Notify your HOA board or management company of the ongoing problem. Depending on the circumstances and the governing documents, the association may be able to assist with dispute resolution or enforcement.

Under California's Davis-Stirling Act, owners can request an Informal Dispute Resolution (IDR) process for certain disputes. IDR can be a way to discuss issues with the board in a structured setting without immediately resorting to litigation.

If other attempts at resolution fail, some owners consider consulting with an attorney to better understand the process, potential claims, and risks based on the specific facts.

The HOA's Role in Neighbor Disputes

It's important to understand that HOA boards generally have duties under the governing documents and California law to act in the best interests of the association and to apply and enforce the governing documents in a fair and consistent manner. If an association does not address ongoing violations or nuisances, it may face potential claims depending on the circumstances, the governing documents, and the association’s enforcement history.

Case Study: Persistent Water Leak

Consider this scenario: A homeowner discovers a leak originating from their upstairs neighbor's unit. Despite multiple repair attempts, the leak persists. The HOA refuses to get involved, calling it a "personal matter" between units.

In this situation, the affected homeowner may have potential claims against the neighbor and, depending on the governing documents and maintenance responsibilities (including what is defined as separate interest versus common area), may also have potential claims involving the HOA—particularly if common area components are affected or the association has responsibilities to maintain, repair, or address building-wide issues.

When to Seek Legal Counsel

While it's often best to attempt resolution through direct communication and HOA processes first, there are times when owners consider involving an attorney. These situations can include when the HOA declines to enforce governing documents in a manner the owner believes is inconsistent, when informal dispute resolution attempts have failed, when significant property damage or ongoing nuisances are occurring, or when the owner believes the HOA is not meeting its legal or contractual obligations.

Conclusion

Neighbor disputes in HOA communities can be complex and emotionally charged. Understanding the governing documents, following applicable procedures, and using available HOA dispute-resolution mechanisms can be important steps toward resolving these conflicts.

This article is intended as general educational information about California HOA neighbor disputes. Every situation is fact-specific, and owners and associations may wish to consult qualified counsel regarding their particular circumstances.

Remember, while living in close proximity to others can sometimes lead to conflicts, HOAs are designed to provide processes to address many of these issues. By understanding the process and your rights, you can work towards a harmonious living environment for all community members.

Bad HOA Podcast Episode Transcript: Neighbor Disputes in HOAs

HOA Attorney & Podcast Host, Luke Carlson, Esq.

Welcome back to our podcast. Today we have Jenny on the show. Jenny, welcome.

Bad HOA Contributor, Jenny Carlson

Thank you for having me.

HOA Attorney & Podcast Host, Luke Carlson, Esq.

Thanks for being here. And of course, our producer, Marty.

Bad HOA Producer & Contributor, Marty Vasquez

It's always good to be back.

HOA Attorney & Podcast Host, Luke Carlson, Esq.

Thank you. Today's topic is neighbor disputes in the context of an association. We're analyzing this from a California perspective, and I find this particularly interesting because these situations come up frequently.

Bad HOA Producer & Contributor, Marty Vasquez

I'm really intrigued by this because when I think of HOA disputes, I don't typically consider problems with neighbors. Why does an HOA ever come into play in this scenario?

HOA Attorney & Podcast Host, Luke Carlson, Esq.

If you look back at our previous episodes, we've typically focused on issues specifically between the association and homeowners. When neighbor disputes are brought up, most people wonder what the association has to do with a neighbor-to-neighbor dispute. That's exactly the point.

Let me lay the groundwork on this. When we look at an association, we have CC&Rs, which can create a contractual relationship. The understanding typically is that the contract is between the association as an entity and the property owner. However, what people often don't realize is that, in some circumstances, these obligations can also be enforceable between neighbors. This means if you have a neighbor who's violating the CC&Rs and impacting you, it could potentially be framed as a breach of the governing documents. So it's not always just association-to-neighbor, but neighbor-to-neighbor can also implicate that CC&R foundation.

Bad HOA Contributor, Jenny Carlson

That's so interesting because I feel like people don't realize that.

Bad HOA Producer & Contributor, Marty Vasquez

No, I certainly didn't. It's one of those situations where you might think, "Well, in our CC&Rs it says you must talk nicely to me, and you're not talking nicely to me."

HOA Attorney & Podcast Host, Luke Carlson, Esq.

Well, there can be provisions aimed at neighbor conduct and community standards. That's part of the purpose of an association in the first place, right? To promote mutual respect between neighbors. You do that through maintaining your property, by ensuring that you don't have seven cars in your front yard, and things like that. These are typically addressed by the CC&Rs. The goal can include preserving property values and supporting owners’ quiet enjoyment, depending on the governing documents. CC&Rs can serve as a framework for those expectations.

So the question often becomes, "I live in a community, I don't necessarily have an issue with my association, but my neighbor is causing problems. And because of what they're doing, it's impacting my life." That's really the context of this podcast, right? That's what we're talking about.

Bad HOA Producer & Contributor, Marty Vasquez

I've noted a few different things here. The first one we briefly talked about, but I think it's worth repeating, is CC&R violations. So when a neighbor is violating CC&Rs.

HOA Attorney & Podcast Host, Luke Carlson, Esq.

Let me try to think of an example that would directly impact a neighbor because it's important to understand the context.

Bad HOA Contributor, Jenny Carlson

I can offer one example I've seen in our neighborhood: when people walk their dogs and don't clean up after them.

HOA Attorney & Podcast Host, Luke Carlson, Esq.

Yes, that's actually a good one. You might have something in the CC&Rs that requires pet owners to pick up their dog's waste. If that's not happening, you may have a potential claim against your neighbor. That might be a violation of an express provision within the CC&Rs, and that could be a neighbor-to-neighbor issue.

Another example could be a neighbor engaging in some sort of commercial activity. Maybe they're in their backyard sawing all day, creating a nuisance or excessive noise, or doing something that the CC&Rs explicitly prohibit. If there's a rule against certain commercial activity, yet your neighbor is engaging in it, you may have options to address that behavior. Again, one possible theory in some situations is enforcement based on the governing documents.

I've seen a scenario where someone was running a bike shop out of their garage.

Bad HOA Contributor, Jenny Carlson

We know people running Pilates studios, whatever it is.

HOA Attorney & Podcast Host, Luke Carlson, Esq.

Whatever it is. The issue there is you have high foot traffic, you have people coming in and out, and that can become very problematic. That can also raise nuisance concerns. In that scenario, a neighbor might assert a potential claim based on the CC&Rs, depending on the facts and the documents. So that's one way to conceptualize these disputes.

Bad HOA Producer & Contributor, Marty Vasquez

When you have a situation like that, does the HOA actually get involved?

HOA Attorney & Podcast Host, Luke Carlson, Esq.

Let's talk about that. To the extent that the association is aware of an ongoing violation of the CC&Rs, the association typically should evaluate it and determine whether enforcement is appropriate and consistent with its governing documents and enforcement practices. So what's interesting in these disputes, let's take the neighbor dispute we mentioned. Your neighbor is engaged in a commercial activity, it's creating a real nuisance, right? Maybe it's high foot traffic, noise, etc. So you have this ongoing issue. You notify the association and the association says, "We're not going to do anything."

Bad HOA Producer & Contributor, Marty Vasquez

I've seen that happen a lot in Reddit discussions. They say the HOA often responds with, "Hey, it's not really our business. It's between you two."

HOA Attorney & Podcast Host, Luke Carlson, Esq.

Right. And this is where an attorney could help evaluate whether it is truly a neighbor-to-neighbor issue or whether the association may have obligations under the governing documents. In some situations, if there's an outstanding violation of the CC&Rs and the association is not taking action, a homeowner might consider potential claims involving the association’s enforcement decisions, as well as potential claims involving the neighbor. The viability of any claim depends on the specific facts, the governing documents, and applicable law.

To conceptualize it, it can create multiple avenues to address the issue. But how and whether to pursue any particular avenue is highly fact-dependent.

Bad HOA Producer & Contributor, Marty Vasquez

That's interesting. Let's jump into the use of common areas. So that would be pools, parks, parking areas. I feel like parking is such a lightning rod for disputes.

HOA Attorney & Podcast Host, Luke Carlson, Esq.

Parking is huge. It's a major bone of contention, and that's a byproduct of a number of things. One, people just don't care and they don't respect the rules, or you have an HOA that doesn't enforce, or there's ambiguity around the space.

Bad HOA Contributor, Jenny Carlson

I feel like it could get tricky in instances like the community pool. So once that little lot is filled and you have a street next to a community pool or any community common area, what do you call it, grassy area?

HOA Attorney & Podcast Host, Luke Carlson, Esq.

Greenbelt. Yes, so I think what you're getting at is overflow. How does that work? How does that interact with designated parking areas? Parking becomes an issue because it becomes a friction point for homeowners, right? Someone is parking incorrectly and now taking your spot, or someone frequently has guests, or in the situation with the commercial enterprise, all the parking spots are being used because you have customers parking there and they're impeding your right to use it.

Bad HOA Producer & Contributor, Marty Vasquez

I feel like this happens probably more frequently in something like a condo association where you're only designated so many parking spots and they're not marked. And they say, well, you have to park all vehicles inside of the garages. And then they run out, but no one's really abiding by that and you have nowhere to park.

HOA Attorney & Podcast Host, Luke Carlson, Esq.

Yes, so definitely in condo associations, you see that quite a bit. You also see it with the question about commercial vehicles, that becomes an issue as well.

Bad HOA Producer & Contributor, Marty Vasquez

Oh, like if you were the bread delivery person and you drive your truck home every day?

HOA Attorney & Podcast Host, Luke Carlson, Esq.

Right, what constitutes a commercial vehicle. So that's a huge issue within the association context in terms of disputes. A lot of disputes come out of parking. But if you go to the common area as well, utilization of the common area can create a neighbor dispute, especially if there's a greenbelt. What I've seen before is a homeowner will consistently use the greenbelt, will put patio furniture on the greenbelt, and it may not be permitted under the governing documents or rules.

Bad HOA Producer & Contributor, Marty Vasquez

Yes, the bench. The bench with that poor man? We watched that news article on that. The John Oliver video.

HOA Attorney & Podcast Host, Luke Carlson, Esq.

That was an interesting episode. Go back to that one. It's a good one.

Bad HOA Producer & Contributor, Marty Vasquez

So let's talk about noise and nuisance complaints. When I think of neighbors and problems with neighbors, this is the one. This is the Mount Everest.

HOA Attorney & Podcast Host, Luke Carlson, Esq.

Noise and nuisance. So how does this arise? Well, in condos, let's start there.

Bad HOA Producer & Contributor, Marty Vasquez

Alcohol?

HOA Attorney & Podcast Host, Luke Carlson, Esq.

You're not wrong. So you see this in condos frequently, often it's an upstairs neighbor who is just relentless on the flooring. You know, they're tap dancing in the middle of the night, they have big parties, dogs, cats, animals, music. Especially in close quarters, it's just going to lend itself to that.

Bad HOA Producer & Contributor, Marty Vasquez

And some CC&Rs, if I've learned too much about this topic now, require a homeowner on higher floors to put in carpet for noise reduction. So there could be a contentious issue if someone decides to put in hardwood flooring or laminate.

HOA Attorney & Podcast Host, Luke Carlson, Esq.

Yes, sometimes the governing documents restrict hard-surface flooring, or require sound mitigation. But then you have someone who comes in, puts in flooring, and is now creating an ongoing nuisance, and they don't want to rip it out because they spent a lot of money on it.

So if the association knows, let's say, that there is a flooring restriction and the owner installed flooring inconsistent with the governing documents, the association may have an obligation to evaluate whether enforcement is appropriate and consistent with its enforcement practices. Often what the association will do at that point would be to take some action against the owner and require compliance (which can include sound mitigation). That can become a dispute, but it’s one example of how the association can be involved. If the association does not act, an owner might explore potential claims involving both the association and the neighbor, depending on the circumstances.

Bad HOA Producer & Contributor, Marty Vasquez

Interesting. Let's go to architectural and aesthetic disputes. So, I'm assuming neighbor painted the house or did something. Maybe, I would assume a lot of fence disputes in here as well.

HOA Attorney & Podcast Host, Luke Carlson, Esq.

Yeah, let's go into architectural first because typically that is with the association. Let's say someone paints their house fuchsia, and it's not permitted within the CC&Rs. If you're the neighbor and you have to look at that every day, one approach is to put the association on notice and ask it to evaluate whether there is a violation.

Now, where we get into fences and the like, there you might have an encroachment issue and that can get interesting. So let's say someone puts up a fence and it encroaches into your property. So encroachment or trespass, right? They're actually on your property. What would be important to evaluate is whether or not that fence was approved. And so to the extent that the association approved it, and there is later an established encroachment issue, there may be questions about responsibility and potential liability, depending on the circumstances and what the association did (and did not) review.

Bad HOA Producer & Contributor, Marty Vasquez

Would the HOA at that point be liable?

HOA Attorney & Podcast Host, Luke Carlson, Esq.

Potentially, depending on the facts. For example, there could be issues of negligence or other theories, but it is very fact-specific.

Bad HOA Producer & Contributor, Marty Vasquez

Right. But the other neighbor on the other side might say, well, you approved this. I'm not taking this down.

HOA Attorney & Podcast Host, Luke Carlson, Esq.

Yes, so the association might be in a challenging position. That could get interesting legally. Or is it possibly the architect that the neighbor hired to do the plans? Did they mess up? Is that some sort of professional negligence? Someone could have made a mistake somewhere. But from the application itself, if they were dealing with accurate maps, it may have been possible to identify where the boundary line is. Or is it a contractor dispute, meaning the application was properly approved, the architectural plans were accurate, but you had some contractor who messed it up and put it three feet encroaching into the other property? So these can cut in a lot of different ways.

I think for our purposes on this podcast today, though, it's identifying that disputes can involve the neighbor, the association, or other parties depending on the facts and governing documents.

Bad HOA Contributor, Jenny Carlson

I feel like the neighbor-to-neighbor dispute would get interesting, specifically in construction, because there's a reasonable amount of noise that's going to happen, but I could see how, if they feel like there's excess noise, or if it goes above what's decent.

#### Bad HOA Producer & Contributor, Marty Vasquez

I read one on Reddit that the laws and the CC&Rs say that construction can start at seven, one neighbor threw a fit and said, no, you have to wait until eight. And yeah, just again, lightning rod.

HOA Attorney & Podcast Host, Luke Carlson, Esq.

Well, construction I think turns on two things. First and foremost, was the application approved or was the construction approved in the first place? Now you get into scenarios where someone comes in, let's say it's your neighbor and does construction without the appropriate approval of the association.

Bad HOA Producer & Contributor, Marty Vasquez

Does all construction need the approval of the HOA? Even getting a bathroom redone?

HOA Attorney & Podcast Host, Luke Carlson, Esq.

It depends. What you're looking at there is the CC&Rs and the regulations around the architectural control committee. So what do they require? And normally what we see or what's very common is anything outwardly facing tends to have to go through the architectural control committee. Some structural or building-wide issues may also require approval. More minor interior cosmetic changes may not. But you have to look at the governing documents and any adopted architectural guidelines.

Bad HOA Producer & Contributor, Marty Vasquez

Now, if we've covered this a little bit, but let's just say in the case of getting a bathroom or some sort of interior work done, has no bearing on the HOA itself, and they want to get started at a certain time, the state and local laws say that you can start at seven, but the CC&Rs say, no, sorry, you have to start at eight. Is there a conflict there?

HOA Attorney & Podcast Host, Luke Carlson, Esq.

That can raise questions about how governing documents and local ordinances interact, and the answer can be fact-specific. In many communities, the HOA rules and city ordinances are consistent, but if they differ, it may be worth evaluating the specific language and context.

Bad HOA Producer & Contributor, Marty Vasquez

Maybe we'll circle back. I haven't seen that come up.

HOA Attorney & Podcast Host, Luke Carlson, Esq.

I mean, listen, if it comes up, it’s something that can be researched. I haven't personally seen a conflict between the two. Normally they set it to whatever is common within the community or local ordinance.

Bad HOA Contributor, Jenny Carlson

I just had a friend deal specifically with the noise of construction, what was considered reasonable noise and what was considered excessive noise and that became a neighbor-to-neighbor issue.

HOA Attorney & Podcast Host, Luke Carlson, Esq.

Was that in the context of an association?

Bad HOA Contributor, Jenny Carlson

Yes. Interesting. And I forget how it panned out, but I thought that was just interesting.

HOA Attorney & Podcast Host, Luke Carlson, Esq.

Often it comes down to evidence and competing viewpoints about what is reasonable. You also have to look at whether what they're doing falls outside of the scope of the approved application, because that's not uncommon.

Bad HOA Producer & Contributor, Marty Vasquez

Do they ever have an issue where, again, your work in interior has no bearing on any sort of architectural control guidelines or anything like that. But where people park, and how do we take away trash, and how they keep clean?

HOA Attorney & Podcast Host, Luke Carlson, Esq.

All of these can become problematic.

Bad HOA Producer & Contributor, Marty Vasquez

So, is it good practice, in your opinion, if you have some sort of contractor come in to, even if it has no bearing on the HOA, or anything within the CC&Rs, to just say, hey, I'm having construction here, I need to let people through the gate, they're going to be here this long. Is it good to put them on notice? The association?

HOA Attorney & Podcast Host, Luke Carlson, Esq.

Communication can help reduce disputes. To the extent that the contractor's coming in based upon an application that was submitted, then the association likely already knows the timeline of work. Now, if you're suggesting that this contractor is coming in on something that didn't require an application, it may depend on the community and the scope of work. As a practical matter, some owners also notify their neighbors to help avoid misunderstandings.

Bad HOA Producer & Contributor, Marty Vasquez

Interesting. Okay. Let's jump into some resolutions. We went over a lot of the problems. I mean, this goes without saying, every HOA dispute follows a very similar template, but number one, document the issue.

HOA Attorney & Podcast Host, Luke Carlson, Esq.

Yes. Document everything. Many people use email communication, even if it's a phone call, and then follow up with an email, just to review what was discussed, just to memorialize.

Bad HOA Producer & Contributor, Marty Vasquez

You start taking pictures, take your emails, take your notes, start documenting as detailed as possible.

HOA Attorney & Podcast Host, Luke Carlson, Esq.

And let's say you have a conversation with the neighbor. You may want to follow up with an email. It's like, "Dear Susie, wonderful talking to you. Hopefully we can get this thing resolved. Again, this is to memorialize our discussion, just to ensure clarity." Because often what happens is you have a conversation with someone and there's a dispute later about what was said. So emails can be helpful, as can photographs and video where appropriate.

Bad HOA Producer & Contributor, Marty Vasquez

Number two, review the governing documents. I'm assuming nine times out of ten, this is going to be your best friend because your neighbor is more than likely breaking a rule within the CC&Rs.

HOA Attorney & Podcast Host, Luke Carlson, Esq.

Yes, so once you frame the issue and you sort of have your head around it, it's always good to go to the CC&Rs. Understand that. Probably the best way to approach CC&Rs because often they're quite dense. You know, go to the index, try to triangulate that way as opposed to just starting on page one.

Another tip if you can OCR it, meaning you can do a control F search within the CC&Rs. That's very helpful. But often, you know, if you're in a dispute like this, you're often looking at certain terms: nuisance, noise, odors, parking, and it should be able to bring you to that section.

Bad HOA Producer & Contributor, Marty Vasquez

Because you're going to want to reference, I'm assuming, you're setting the stage of "I got all the documentation I needed. Now I need to prove that this is the area that they're violating."

HOA Attorney & Podcast Host, Luke Carlson, Esq.

You're isolating the provision or provisions that may be implicated. And that's the foundation of everything that you're doing. So take the flooring issue, right? If someone has installed hardwood floor, you want to be able to articulate the relevant provision and how it applies.

Bad HOA Producer & Contributor, Marty Vasquez

So the next step would be just communicate with the neighbor. Have that dialogue. Have that discussion with the neighbor. You've got the evidence. You've got the violations that they have and just communicate. And I assume we just touched upon this but email even if you have a phone conversation. Having a follow-up email to, as you say, memorialize it would be mission-critical.

HOA Attorney & Podcast Host, Luke Carlson, Esq.

Communicate, try to work with the neighbor first. I think that's often a good place to start.

Bad HOA Contributor, Jenny Carlson

So well the keywords "in a calm and respectful manner."

HOA Attorney & Podcast Host, Luke Carlson, Esq.

I think that's true. I mean, you have to live next to them. And if you can avoid a prolonged conflict with your neighbor, that can be beneficial. So yeah, be respectful. If you can identify the issue and be objective or reasonable, it tends to go a long way.

Bad HOA Producer & Contributor, Marty Vasquez

All right, so that all fails. Communicate with neighbor, they either ghost you or they don't care. The next level involved, the next, I guess, step is, well, when do you involve the HOA?

HOA Attorney & Podcast Host, Luke Carlson, Esq.

Yes, so if you're not getting traction with the neighbor, it may make sense to start working with the association at that point. And you can do that through notifying them with an email, and if that doesn't lead anywhere, then you can consider the process we discussed quite a bit, which is IDR, which again is Informal Dispute Resolution. This is under the Davis-Stirling Act. The spirit of that is allowing an owner and the association to sit down (including by video) and discuss an issue in a structured way.

Bad HOA Producer & Contributor, Marty Vasquez

And just to clarify too, because I know we've gone over this multiple times, but I think it's worth it for the people that are just listening to this episode, IDR, requesting IDR is your right under the Davis-Stirling Act. It is a legal obligation for them to respond at that particular point.

HOA Attorney & Podcast Host, Luke Carlson, Esq.

Owners can request IDR, and the Davis-Stirling Act generally contemplates that the association and the owner participate in IDR when requested. Practically, associations vary in how promptly and effectively they handle these requests, and disputes about IDR can arise. If the issue later escalates, communications about attempts to use IDR may be relevant.

Bad HOA Producer & Contributor, Marty Vasquez

Or they ghosted you completely.

HOA Attorney & Podcast Host, Luke Carlson, Esq.

Correct. That could be meaningful information down the road.

Bad HOA Producer & Contributor, Marty Vasquez

But I digress. When do you bring on the attorney? I'm assuming if they blow off your IDR request, it's time to bring on an attorney.

HOA Attorney & Podcast Host, Luke Carlson, Esq.

If they ignore the IDR, possibly. Or you go to IDR and it's not productive. At that time, some people talk to counsel to better understand their options and the risks and costs involved.

Bad HOA Producer & Contributor, Marty Vasquez

Or, I guess, I was just thinking, and maybe you disagree, but what if the HOA is unwilling to do anything? They're just saying, hey, this is between you two, don't involve us. It's clearly they're breaking the rules in the CC&Rs, but they're not going to do anything about it.

HOA Attorney & Podcast Host, Luke Carlson, Esq.

Yes. If an owner believes the association is not acting consistently with the governing documents or its enforcement obligations, they may consider seeking legal advice about the situation and whether any claims are viable.

Bad HOA Contributor, Jenny Carlson

And that’s all for today.

Bad HOA Producer & Contributor, Marty Vasquez

All right, Jenny, you ready for the best part? We have a little Reddit segment that we found that Luke has not heard. People like this one. All right, so let's see. Here we go.

Bad HOA Contributor, Jenny Carlson

My wife and I live in a California condo with an HOA. Earlier this year, we discovered a leak in our ceiling. We initially called the plumber who had previously done re-piping work for us. However, he confirmed that the issue wasn't related to his work. We then hired a second plumber who also determined the leak wasn't from our pipes but rather from our upstairs neighbor's unit. He advised that our neighbor needed to call a plumber to address the issue. We informed our neighbor who then contacted his home warranty provider but they refused to take action. His realtor subsequently brought in a plumber who advised that the bathtub, a 40-year-old fiberglass unit, needed replacement. However, our neighbor refused to replace it. Eventually our neighbor hired another plumber who attempted minor repairs such as replacing the drain and resealing faucet valves, but these measures were ineffective. The leak persists within 24 hours of each visit.

Throughout this ordeal, we have kept our HOA and its management company informed, expressing our concerns about potential mold and structural damage. Unfortunately, they have declined to assist, considering it a personal matter between the two units. We also contacted our homeowner's insurance, but they advised that they could not intervene, suggesting instead that the HOA should be able to step in. At this point, we are unsure of our options.

Bad HOA Contributor, Jenny Carlson

At this point, we are unsure of our next steps. Is it time to consult a lawyer?

Bad HOA Producer & Contributor, Marty Vasquez

This has a lot of different entanglements in it. This is contractors, this is all sorts of fun stuff in here.

HOA Attorney & Podcast Host, Luke Carlson, Esq.

Yes, there are a lot of moving parts. Water intrusion can become serious quickly, including potential mold and structural concerns.

Generally speaking, an impacted owner may have potential claims against the upstairs owner depending on the cause and responsibility. There may also be potential issues involving the association depending on what the CC&Rs and condominium plan define as common area, exclusive use common area, and separate interest, and what maintenance and repair duties are assigned.

Bad HOA Producer & Contributor, Marty Vasquez

That's what it sounds like here.

HOA Attorney & Podcast Host, Luke Carlson, Esq.

And one practical challenge is that if the leak is ongoing, the focus is often on getting it repaired and preventing further damage.

Bad HOA Producer & Contributor, Marty Vasquez

Which is weird because if it's leaking and causing a problem at the unit below, it's certainly causing a problem with your own unit. Correct. But at what point is it structural to where it's more of the HOA's issue?

HOA Attorney & Podcast Host, Luke Carlson, Esq.

That depends on the specific building and how the governing documents allocate responsibility. In many condominiums, portions of the building between units (and certain plumbing components) may be treated as common area or otherwise fall within association maintenance obligations, but it varies. If the association has notice of an active leak affecting building components it is responsible for, the association may need to evaluate and respond consistent with its duties.

Bad HOA Producer & Contributor, Marty Vasquez

What if you didn't want to bring in a lawyer? Is there a small claims route?

HOA Attorney & Podcast Host, Luke Carlson, Esq.

Some people consider small claims court depending on the amount and type of damages. In California, the current small claims limit for individuals is generally $12,500.

Bad HOA Producer & Contributor, Marty Vasquez

That's not going to do it. But, I just had a leak, ain't going to come in close.

HOA Attorney & Podcast Host, Luke Carlson, Esq.

And if the issue is ongoing, the more significant concern is often stopping the source of the leak.

Bad HOA Producer & Contributor, Marty Vasquez

What if they did something incredibly stupid and just said, okay, we're just not going to use our bathroom, this particular shower anymore, and we're going to stop the problem? As a homeowner underneath them, it's like this is a time bomb. It's one mistake away from leaking again.

HOA Attorney & Podcast Host, Luke Carlson, Esq.

That can be a concern, and there may already be damage that needs to be addressed.

Bad HOA Producer & Contributor, Marty Vasquez

Unfortunately, it looks like they haven't gotten traction with multiple people, so it's almost destined that they need to find some way on their venture. They're kind of exhausted.

HOA Attorney & Podcast Host, Luke Carlson, Esq.

It sounds like they've tried multiple approaches. Sometimes a more formal approach is needed to get the right parties to take action, but what that looks like depends on the facts and the documents.

Bad HOA Producer & Contributor, Marty Vasquez

What a shame. All right, Marty, what do you got now?

Bad HOA Producer & Contributor, Marty Vasquez

That's it. Let's wrap it up and let's tease the next one. Common area disputes.

HOA Attorney & Podcast Host, Luke Carlson, Esq.

Okay. And so common areas can also be a lightning rod for disputes. Next episode, we're going to dive in deep on common areas, discuss what we see and how homeowners and associations often address common area disputes. Often that's, you know, questions about maintenance and repair of a common area, a pool, a green belt, all of the above.

Bad HOA Producer & Contributor, Marty Vasquez

Don't mess with a pickleball court or a spa, you'll have some angry people.

HOA Attorney & Podcast Host, Luke Carlson, Esq.

That might be true. Thank you for watching and we'll see you next time.