HOA Homefront Reader Questions: Who fixes roofs and pipes?

Who Fixes Roofs and Pipes?

By Kelly G. Richardson, Esq. CCAL

Carpinteria

6180 Via Real #65 3/2 12:30-3 $515,000 Gorgeous, upgraded 2010 Silvercrest MH in Vista SB (+55) Park. Granite/stainless/crown moulding/vinyl wood floors in >1500 sq.ft. Mountain views!

Village Properties Gail Cooley 805-689-7767 # 01106302

Dear Kelly:

Our condo roofs will need replacement soon and there are inadequate reserves. The board had a membership vote on two choices: Increase monthly dues for some years or have owners be responsible for their own roofs. Most of the owners voted for the option of “owner responsibility.” The Board obviously is in favor of giving re-roofing responsibility to owners. The CC&Rs state that the association repairs, maintains, and replaces the roofs, but the directors set up a committee to work out details of “owner responsibility”.

Do they have a right to institute such a change based on a sketchy vote without further details having been given? Don’t they have to change the CC&Rs with a new vote before surrendering re-roofing responsibility?

– Thanks, C.C.

Dear C.C.:

Per Civil Code Section 4775, unless the CC&Rs say otherwise, the HOA maintains, replaces, and repairs common area. So, even though there was some type of membership vote or poll, the CC&Rs must be amended to reallocate the roof responsibility to the individual members. That will require a membership vote in compliance with the applicable election procedures. Only CC&Rs can reallocate this responsibility — not rules, board resolutions or committees.

I assume your condominium project is “townhouse” style, with residences connected side-to-side, but unless there are clear dividers between each unit, it can be hard to determine where given roofs start and stop.

It is unfortunate that the reserves were not properly accumulated. This is the normal outcome — when the day comes that a major component needs replacement, the homeowners at that time suffer the consequence of that association’s failure to plan and be prepared. – Sincerely, Kelly

Dear Mr. Richardson,

At my condominium, our CC&R’s say nothing about who is responsible for the outside water and sewer pipes which supply and drain homes. However, the HOA says it is my responsibility because it only serves my home even though it is outside my building and in the common area. The association says it is their rule that the homeowner must pay. Who is responsible?

– Thank You, S.S.

Dear S.S.:

In past years, many HOA attorneys took the position that a pipe which only served one unit was “exclusive use common area” and was homeowner responsibility. However, two major changes in the law prevented that. One was the modification of Civil Code Section 4475 (referenced above) in 2017 to make it clear that HOAs repair and replace exclusive use common areas as well as other common areas, unless the CC&Rs provide otherwise. The other was the court decision in Dover Village v. Jennison in 2010, which rejected an HOA’s position that drainpipes exclusively serving one unit were “exclusive use common area.” The court noted that the CC&Rs were silent on how the pipes were characterized.

The result of the Dover Village opinion and the change to Civil Code Section 4475 is that pipes outside the unit are not going to be considered exclusive use common area unless the CC&Rs say so, and so their maintenance, repair, and replacement will normally be HOA responsibility, unless the CC&Rs say otherwise. Rules, board resolutions, or attorney opinions are not as important as the express language of the CC&Rs.

This is a subject for discussion when updating HOA CC&Rs.

– Best, Kelly

Goleta north

4399 La Paloma 3/2 1-4 $1,750,000 Open your door to 1.4 acres of breathtaking mountain views, without leaving home! This exquisitely remodeled cottage is in the Santa Barbara foothills. This 3BR and 2BA home features a chef’s kitchen. Coastel Properties Natalya Konishcheva 805-699-1582 # 01880169

Goleta South

6866 Shadowbrook Drive 3/3 11-2 $1,955,000 GRAND & Spacious!!! Signature IV Model! 3+2 BD/ Study w/3 full baths. Soaring ceilings. An abundance of natural light throughout. Open Concept Kitchen/Family room w/ gas fireplace. Large granite kitchen island. Village Properties Brenda Hoppers 805-455-3272 # 02133758

hidden Valley

941 Palmero Dr 3/2 1-4 $1,849,000 Lovingly maintained & recently remodeled, 3 bed, 2 bath single level home close to shops & beach.

Village Properties Makayla Moore 805-403-7309 # 02109024

hope ranCh

4580 Via Huerto Search.See.Love! Come check out this sun filled dream home on over 1.5 acres! 4 bed/4.5 bath and 4,475 sq ft. Best mountain views! 1-3 $5,500,0004/4

Village Properties Lauren Levinson 805-423-1150 # 02135210

MeSa

2227 Cliff Drive 3/1.5 1-4 $1,549,000 NEW! Single-level home + 1 BD/BA Guest Unit. Spacious back/side yards, $20K upgrades, A+ location!

Village Properties Cimme Eordanidis 805-722-8480 # 01745878

Kelly G. Richardson, Esq. is a Fellow of the College of Community Association Lawyers andPartner of Richardson Ober DeNichilo LLP, a law firm known for community association advice. Submit questions to Kelly@rodllp.com. Past columns at www.HOAHomefront.com. All rights reserved® .

SuMMerland

2521 Whitney Ave 4/3 1-4 $2,895,000 Sitting on the highest street in Summerland, this home has ocean and island views, open floor plan, front and rear entertainment areas and privacy.

Village Properties John Henderson 805-689-1066 # 00780607

turnpike/patterSon

5055 University Dr Great neighborhood-3 bdrm home with attached 1 bdrm guest unit, next to open space, near schools, bike trail, shopping, parks 10-1 $1,595,0004+/3