El Cerrito, CA asked in Real Estate Law and Landlord - Tenant for California

Q: We are condo owners in Pinole. The Mgt. Co. wants to enter our newly remodeled unit and tear out dry wall. Our rights?

We spent 16k to remodel last yr. Now a contractor has convinced the (clueless) Mgt Co. to "remediate" a water issue that results from a 25-yr-old roof in need of repair. The CC&R has language granting access for inspection, maintenance, repair, construction or replacement. But a roofing contractor provided info clearly showing where the water enters and indicated that previous repairs were improper. We believe the first contractor is just drumming up work. What rights do we have in such situations? The Mgt Co. has threatened legal action to gain entry.

2 Lawyer Answers

A: It is always tough to fight the Mgt. Co and HOA. You should carefully read the sections of the CCRs that apply to your rights, and the rights of the HOA to allow the repair. Look for a section in the CCRs that allows the HOA to have a contractor make the repairs. If you can't find one, then you need to point that out to the HOA.

Manuel Alzamora Juarez
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Answered

A: Immediately notify your condo management in writing your concerns and alternative report indicating they do not have to mess up your remodel that you spent 15k. Ask them that if they will pay for any damage to the interior of your house. Ask them to guarantee in writing that they will pay for any damage that they cause to your property. Present your report from your contractor with your letter. Best of luck.

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