West Hollywood, California (July 28, 2010) – An Attorney Answers Your Homeowners Association Questions on… 
Michael T. Chulak is the founding partner of Michael T. Chulak & Associates, A Law Corporation. WeHo News. |
Q. Our condominium building has old galvanized pipes that have been leaking for several years. The board makes repairs, but has refused to repipe the building because our reserves are inadequate. What is their legal duty?
A. The board should borrow the funds to repipe the building if possible. If a loan is not available, the board should immediately begin the process of increasing assessments so the work can be done at the earliest possible time.
Given that the board has knowledge of the deteriorating pipes, the association will probably be liable for the total cost of all repairs resulting from future leaks. Repiping will cut off the association’s liability.
Q. Will the association’s insurance policy cover the cost of repairs resulting from the leaking of our building’s old galvanized pipes?
A. Most insurance policies will not pay for such damage if it determines that the board knew of the deteriorating pipes and failed to replace them.
Insurance policies generally cover only sudden, unexpected losses. Losses from old deteriorating galvanized pipes are expected.
Michael T. Chulak is the founding partner of Michael T. Chulak & Associates, A Law Corporation. Questions can be sent by e-mail to MChulak@MTCLaw.com. Answers are general in nature.
An attorney should always be consulted when legal advice is needed. For more information visit these two web sites: www.MTCLaw.com and www.HOAQandA.com.
The firm also offers free legal seminars throughout Southern California. To find a legal seminar closest to you, visit www.LegalSeminars.net.
Printer-friendly
E-mail to friend
