My tenants didn't not report leaks in the bathroom to us and tried to fix it themselves and failed. Small leak became big leak and leaked to someone else's unit downstairs. HOA called for service without notifying us in advance claiming they don't have our phone number. We actually gave our number to president of the complex on a board meeting 2 years ago. But the management company changed hand 4 times during the last 2 years. My question is: The leak was reported by someone else to HOA on Friday night. They sent a plumber to look at the leak without doing anything for 1.5 hour at $186/hour. Another plumber showed up to fix the leak inside my unit 10AM on Monday. The manager din't call us until 10:30 AM. We rushed to the site at noon(we live 1 hour away). He was already fixing the bathtub leak. They wouldn't gave us estimate when we were on site. After we left, according to plumber's report he found the toilet leaking and started to fix the toilet in addition without notifying us. We were not notified by the toilet part until we saw the report 1.5 month later. The plumber charged $93/hour for 7.5 hours. They wouldn't provide us the report earlier. The management company also charged us $1400 to manage and repair the dry wall on a small closet downstairs: 10hours at $65/hour for cordinatinging the repair and $750 for the actuall repair itself. My question is: 1. Does management company have the right to rush into my unit to repair without properly notifying me, claiming emergency? In this case, they found the leak on Friday, but didn't start working on it until Monday. Doesn't seem like emergency to me. 2.For the damages in common area, can management company use their own employees to do it without other contractors' price bidding? Any advice is appreciated. Thanks http://www.foreclosureforum.com/board/read.php?2,265,265#msg-265 Fri, 09 Oct 2026 19:29:39 -0700 Phorum 5.2.15a http://www.foreclosureforum.com/board/read.php?2,265,274#msg-274 http://www.foreclosureforum.com/board/read.php?2,265,274#msg-274
Your next step is to sue in small claims for a refund. Then picture yourself standing before a small claims judge. Both of your questions boil down to the same one, and it has very little to do with the law: WHICH SIDE WILL THE JUDGE FAVOR?

I can't answer that one, and I doubt that anyone else can.

Dond]]> Dond Foreclosure Forum Wed, 16 Nov 2011 04:40:49 -0800 http://www.foreclosureforum.com/board/read.php?2,265,273#msg-273 http://www.foreclosureforum.com/board/read.php?2,265,273#msg-273 Thanks for your response. However my questions are still pending:
1. Does HOA have right to repair my unit without an estimate and our approval in advance, using labor at very high rate($186/hour and $93/hour). If they claim emergency, what counts as emergency? They found the leak on Friday, but didn't start working on it until 10AM on Monday and notified us after they started working on it, which we showed up right away.
2.For common area damage, should they show us bids from different contractors or just charge us whatever they claim: 10 hours at $65/hour for coordinating the job and 15 hours at $45/hour for the actual repair job. They refused to break down the hours to show us which day and at what time they actually worked on the job, which I believe is my right to know if they are charing hourly rate.
What's everyone's thought and experience here?
Thanks in advance!
Joan]]> murftone Foreclosure Forum Tue, 15 Nov 2011 13:25:52 -0800 http://www.foreclosureforum.com/board/read.php?2,265,267#msg-267 http://www.foreclosureforum.com/board/read.php?2,265,267#msg-267
You, of course, have both a written agreement (hopefully) with the tenant and certain obligatory duties as a landlord.

And there's the rub. you're the stakeholder. AKA, stuckee, unless you've anticipated this problem as a risk to avoid.

Many years ago, in my first rental house, (in an HOA) while my tenant was traveling one weekend the guest bath toilet overflowed and flooded the house. No real damage beyond carpet, which would have had another couple of years life left in it, My insurance agent, unlike a good neighbor, pointed out the "we don't cover flooding" clause.

The tenant, shrugging her shoulders, told me how unfortunate it was, but that it "wasn't her fault." Of course, not. They never think it is.

Had I had a clause in my lease form THEN that stated the water damage was the tenant's responsibilty, and required the tenant have insurance, I might have avoided flooded house lesson #103.

As for the HOA mgmt company, in a perfect world, they probably would respond better, but 'hey, he's a landlord and doesn't want to be bothered. And besides, he can afford these things.' And this is how some people get on HOA Boards.

BTW, did I ever tell you how much I love investing in notes?]]> Rick Harmon Foreclosure Forum Mon, 14 Nov 2011 11:43:59 -0800 http://www.foreclosureforum.com/board/read.php?2,265,265#msg-265 http://www.foreclosureforum.com/board/read.php?2,265,265#msg-265 The leak was reported by someone else to HOA on Friday night. They sent a plumber to look at the leak without doing anything for 1.5 hour at $186/hour.
Another plumber showed up to fix the leak inside my unit 10AM on Monday. The manager din't call us until 10:30 AM. We rushed to the site at noon(we live 1 hour away). He was already fixing the bathtub leak. They wouldn't gave us estimate when we were on site. After we left, according to plumber's report he found the toilet leaking and started to fix the toilet in addition without notifying us. We were not notified by the toilet part until we saw the report 1.5 month later. The plumber charged $93/hour for 7.5 hours. They wouldn't provide us the report earlier. The management company also charged us $1400 to manage and repair the dry wall on a small closet downstairs: 10hours at $65/hour for cordinatinging the repair and $750 for the actuall repair itself. My question is:
1. Does management company have the right to rush into my unit to repair without properly notifying me, claiming emergency? In this case, they found the leak on Friday, but didn't start working on it until Monday. Doesn't seem like emergency to me.
2.For the damages in common area, can management company use their own employees to do it without other contractors' price bidding?
Any advice is appreciated.
Thanks]]> murftone Foreclosure Forum Sun, 13 Nov 2011 22:38:24 -0800