MORE WATER TALK

When Silence from the HOA Turns into a Legal Tsunami

There’s something special about being ignored by people who are legally required to care. Especially when they take $300 / (83) Units/month, and rising!

Take my HOA, for example. After yet another “water main break” flooded part of, I'm told, 3 condos starting right next to me—complete with water shut-offs, an appointed Boardie who completely ignored everything, mold risk, and radio silence—you’d think the property manager might have something resembling a professional response. But alas, we got ghosted. Again.

So let’s talk about it.

The Law Isn’t Optional—Even If You Pretend It Is

According to Corporations Code §7231(a), when a board learns about problems in the common area (like plumbing backups, roof leaks, or say... indoor rivers), they are required to investigate. No, not “eventually.” Not “if they feel like it.” Not “after their 7th mimosa brunch.” They have a legal duty.


They don’t even have to do it themselves. They can hire vendors. But they do have to take action. That’s where things around here get interesting—because inaction is a choice. And it's one with consequences.

Civ. Code §4775 Says: Know Your Pipes, People

Once a leak is reported, the HOA must determine the source:

If it’s from my personal plumbing? That’s on me.

But if it’s from the common area—and guess what, shared main lines usually are—then it’s their problem to fix.

Let me be clear: The burden of proof is not on the homeowner to play "CSI: Water Damage." That’s what the HOA is paid to handle.

Judicial Deference ≠ Get Out of Jail Free Card

A little legal gem called the Judicial Deference Doctrine protects boards when they act in good faith to maintain property. But when they sit on their hands and ignore known hazards?

Affan v. Portofino Cove made it crystal clear:

Boards are not shielded from liability when they ignore ongoing damage or fail to investigate serious issues.”

Translation: Negligence is not a protected activity. You don’t get brownie points for ghosting while mold festers.

Dear Property Manager: You’re Not Just Bad at Your Job. You’re Dangerous.

Rachelle D., this part is for you: You were notified. You were asked for updates. You were given photos. And you responded with... nothing. Not even a pretend update. That’s not just shady. It’s potentially criminal negligence. And it’s all in writing now.

Tick-tock.⏱️


Stay tuned for Part 2: “Test That in Court!

Spoiler alert: I will.

 
Full of MUD

MAIN BATHROOM
"MOSTLY" MUD





Comments

Popular posts from this blog

This is Bigger Than Just One Incident—It’s Systemic Corruption

Unlawful Violation Fees & Selective Enforcement