Plumbing Code Violations at Villa del Sol – Legal Clarification & Urgent Action Requested

Dear Mr. [Code Enforcement],

I’m writing to urgently clarify a legal misrepresentation provided to your office by Robert L. Jensen & Associates, the third-party management company currently overseeing operations at Villa del Sol.

Your team has been led to believe that the chronic backflow and plumbing failures affecting my unit are “a homeowner issue.” That claim is categorically false under California Civil Code §4775 and related provisions of the Davis-Stirling Common Interest Development Act.

Relevant Law:

Under Civil Code §4775(a):

“Unless otherwise provided in the governing documents, the association is responsible for maintaining, repairing, and replacing the common area.”

This includes shared plumbing systems, sewer mains, and infrastructure serving multiple units, which are considered common area components under California law and HOA precedent.

When a sewage backup originates in a shared sewer line or main, the HOA is responsible for immediate inspection, repair, remediation, and restoration of habitability.

Management companies have no legal authority to redefine this duty and cannot override statutory responsibilities by providing misleading guidance to city agencies.

Why This Matters:

The plumbing failures inside my unit have resulted in:

  • Repeated backflow of grey/brown water through toilets and sinks
  • Unsafe, uninhabitable conditions (violating Health & Safety Code §17920.3)
  • A lack of professional inspection or repair by the HOA, despite multiple reports
  • Fraudulent redirection of city response teams away from the actual source of the problem by non-legal RLJ staff

Your office has been intentionally misled. This is not a “Civil Matter” between private parties. It is a Code Enforcement issue involving an HOA’s duty to maintain infrastructure that affects multiple dwellings and public health.

“Per California Civil Code and guidance from the Davis-Stirling experts at Adams Stirling PLC, management companies like Robert L. Jensen & Associates are not authorized to interpret or apply the law. Their role is administrative only. Any statement made to a government agency asserting that plumbing or roof issues are a ‘homeowner’s responsibility’ constitutes unauthorized legal advice — and is outside their legal authority.”

Immediate Action Requested:

1. Open a formal complaint against Robert L. Jensen & Associates / Villa del Sol HOA for failure to maintain common area systems under California Civil Code §4775.

2. Perform an inspection of the shared sewer and water lines in and around my unit.

3. Disregard any “legal” advice offered by non-attorney RLJ staff attempting to misclassify systemic infrastructure issues as the homeowner’s responsibility.

4. Refer this case to Environmental Health and the City Attorney, if appropriate.

I respectfully request that your office cease deferring to “Management” for legal interpretations they are neither qualified nor authorized to provide.

Sincerely,

Kristen C. Snow-White

Unit ### – Villa del Sol


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