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  1. #1

    Default HOA Contractor Unlicensed, Causes Damage

    My question involves a condominium located in the State of: CA

    The President and another officer of our 20-unit condo's HOA contracted with an unlicensed, uninsured painter to perform basic repairs to our units' exterior window sills. They were aware the contractor was unlicensed and uninsured but chose him because his rates were lower than those of ones more legitimate.

    Working in my unit, the contractor removed a window A/C and later reinstalled it incorrectly. Overnight, the water from the running unit drained into my home flooding significant areas of the laminate flooring. The laminate is clearly bulging and warped due to the water damage. Underneath the laminate is hardwood -- the damage there, to be determined.

    The President has thus far agreed to repair the damages using HOA dues. It was also reported to the President that the Contractor appeared to be under the influence of drugs during the work. Despite the recent events, the President will permit the Contractor to continue work on the remaining units.

    Obviously, I have concerns about greater damages being done, the liability of the HOA and our having to pay for this and any continued damages.

    Is there any way for me, and other home owner's to separate ourselves from possible liability?

    Advice and thoughts are much appreciated.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: HOA Contractor Unlicensed, Causes Damage

    You can complain about unlicensed contractors here.

    Why does the board think it's a good idea to use an unlicensed contractor, let alone to continue using him after he's caused a serious problem for an owner?

  3. #3

    Default Re: HOA Contractor Unlicensed, Causes Damage

    Thank you for your response, Mr. K

    I've tried to bring the President of the HOA around (taking several different approaches) to the liability of continuing with this guy to no apparent avail.

    The President is suggesting all that's needed is replacement of the laminate and a portable fan to dry the area. In and out, no big deal, $500 at most are his thoughts. It's far less than needed.

    How am I positioned here? Take what he offers and pay the diff? In matters such as this, if attorney's are involved, would you know the likelihood that I can recover costs and fees should I prevail? It's unfortunate that, regardless, the costs of repair will come back on all home owners... I see no other option.

  4. #4
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: HOA Contractor Unlicensed, Causes Damage

    You need a lawyer to write the HOA pres and board a letter telling them that using an unlicensed and uninsured contractor is a violation of law, they have no legal option to do so, and doing so makes them personally liable for anything the uninsured contractor does as a matter of law. Their actions are also irresponsible and places ALL THE HOMEOWNERS at risk. They are subject to REMOVAL from the HOA board as a matter of law and will be held personally liable for any and all damages from using the uninsured contractor.

    Obviously these people have no clue on the law or their duties on a HOA board.

    I don't think a civil action is needed now, but a lawyer would give the letter credibility and they might be bright enough to understand the letter. If not, they should be removed from the HOA board immediately.

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