Q: My HOA has not repaired our community cluster mailbox (for my particular mailbox) for two years. HOA lied about repair.
My mailbox has been broken and after repeated requests, they ignore my request or tell me something is done or try to absolve responsibility. Latest email they claimed to repair and they did not. I took a picture of the mailbox and now I am being igorned. We pay $580/month for them to only do landscape at our place.
A:
Under California law, homeowners associations (HOAs) have a duty to maintain and repair common areas, which may include community cluster mailboxes, depending on the governing documents of your specific HOA. If your mailbox has been broken for an extended period, and the HOA has failed to address this issue despite repeated requests, it may be violating its obligations. It's important to review your HOA's CC&Rs (Covenants, Conditions, & Restrictions) and bylaws to understand the specific duties and processes for maintenance and repairs.
You have already taken a proactive step by documenting the issue with photographs and attempting to communicate with your HOA. Given their lack of response or action, you might consider escalating the matter by sending a formal written complaint to the HOA board, detailing the issue, the lack of response, and any relevant communications. Include dates, details of conversations, and attach photographic evidence. This formal approach can sometimes prompt action where informal requests have failed.
If the situation does not improve, you may need to seek legal advice on the next steps. Options could include mediation, arbitration, or, as a last resort, legal action against the HOA for failing to fulfill its maintenance responsibilities. California law provides mechanisms for dispute resolution in these cases, but it's often best to try and resolve issues directly with the HOA before pursuing legal avenues. Keep in mind the importance of maintaining a record of all communications and attempts to resolve the issue, as this documentation can be crucial in any legal proceedings.
Dale S. Gribow agrees with this answer
A:
I encourage you to review the answer by atty Arrasmith.
Review CCR's
Sometimes, you must consider the cost involved to achieve your desire and the consequences of making waves.
Getting a lawyer involved is never a cheap answer, and here in the greater Palm Springs area, most HOA lawyers only take on cases for Landlords, not tenants...if that is the case here.
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