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By CondoAssociation.com • August 23, 2020

Condo Owner or HOA Pay for Structural Engineer assessment?

I have lived in an eight-plex condo on the bottom floor and brought to the attention of the HOA that cracks have appeared in my walls, ceilings, and concrete slab patio, as well as causing closet, and storage room doors to suddenly pop out of alignment...all within the past six-to-twelve months. I had a visit from one of the two HOA board members (there are only two) who sent me the following reply after viewing my unit:

"As you know the HOA runs on a fairly tight budget. That being said, and knowing that you want a structural engineer to examine the condo we have made a decision. If the engineer determines that something is wrong with the building which is something that the HOA is obligated to repair then the HOA will pay for the engineer’s inspection. If it is determined that the problems with the structure have anything to do with the remodeling and/or normal ground settling or other issues beyond the scope of the HOA responsibility then you will accept responsibility to pay for the inspection. Please let us know if you feel that this is fair".

I think I should mention that I have in no way shape or form performed any type of remodeling in my unit since I purchased it six years ago...and told her so. I fail to see how this would be deemed "fair" that I foot the bill for an inspection when one would think that monthly HOA dues would cover just such an inspection. The head of the HOA told me years ago that another tenant had requested an engineer survey her unit (or the building that she resided in..not mine) as she thought her cabinets were out of alignment, therefore, a costly visit from an engineer had to brought in. This is more than likely why the HOA doesn't want to cover the cost if they find it's something "beyond the scope of the HOA"...whatever that means.

Concord, California

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Please note that blog comments and postings are not legal advice, rather only the opinions of our readers.
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