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Who should resolve underground waterline issue - HOA or owner?


Question:

I am a treasurer on my Board and I need to make a decision on a matter that is happening on an unit regarding water meter. The water company informed the owner that meter is running even though water source is closed. Water company says it is the owner obligation to find the leak. The owner turned the problem to the HOA because it is outside. However our bylaw reads very clearly on Page 9G - called Repairs and Maintenance of community facilities and Individual units, that "we are empowered to perform, assist or even enter into a property if necessary for the benefit of the common area or the owners in common; and the charge owners for repairs to units, after reasonable notice and hearing in the manner set forth in article V, section 5 of this declaration." Who is responsible the HOA or the unit owner? The paragraph spells conduits carrying water, gas, electrical, wires, sewage in or under the subject property... The water line travels throughout the pavement and the tree area. Why the HOA is in charge of a problem we have no idea if is under the tree or half way of the owner carport? Also the Bylaws express we are empowered to resolve the problem and charge the owner for repairs after reasonable notice and hearing (how to interpret it? ). I feel the homeowner should be in charge of resolve the matter it is his water line. Not the HOA. What do you advise? California.


Answers (8)

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