Two of the most frequently asked questions about maintenance are "Who is responsible for fixing this maintenance problem?" and "Who is responsible for reimbursing me for damage to my property caused by this maintenance problem?" The answers to these questions can generally be found in the following documents:
Now, therefore, be it resolved that the Association hereby adopts and adds the following procedure as Rule No. 3 (a) under the General Rules section of the Association's Rules and Regulations:
3 (a) Owners shall be liable for damage to the Common Area or adjacent Units if such damage is caused by such Member's negligence or willful misconduct. Such costs shall become a lien upon the Owner's Unit and may be collected in the same manner as regular assessments, through the foreclosure process as set forth in Article III of the CC&R's.
It shall be the responsibility of the individual Owners to turn off their water shut-off valves during any period of time in which the Owner or his or her tenants or guests are not residing in the Unit for a time period of seven (7) consecutive days or more. In the event a water pipe breaks or otherwise causes damage to the Common Area or another Owner's unit(s) as a result of failing to shut off the water valve, then the Owner whose Unit is serviced by said water valve shall be liable for the cost of repair of the Common Area (including the water valve). The costs of repair shall be imposed as a special assessment against said Owner which may become a lien against the Owner's Unit as set forth in Article III of the CC&R's.
In the interest of protecting the Association, being cost-effective, and ensuring fairness and equal treatment to everyone, the Board hereby adopts the policy of defining and standardizing certain Association and homeowner responsibilities when loss or damage occurs, and the line between what is common and private area.
The Association is responsible for correcting the cause of water damage if it is coming from the common area.
The homeowner is responsible for any and all interior loss or damage to his or her unit that is not covered by the master insurance policy, including the $1,000.00 insurance deductible.
The Association is responsible for the common area water lines and drain lines in the outside walls and the common walls between units and up to but excluding the angle stop (shut-off valves). The angle stops, shower/tub valves and stems, drain lines and water lines in the walls within an individual's unit, which serves that unit, belong to the homeowner. The pressure regulator belongs to the homeowner.
The common area electrical includes wiring up to but excluding the interior breaker box and electrical from the box.
The homeowner is responsible for his unit's exterior water valve, water faucet, water heaters, air conditioner and furnace. Homeowner responsibility includes leaks found in the air conditioning unit itself and ductwork.
The Association is not responsible for the protection, repair or replacement of screen doors, glass doors, windows, entry doors and hardware thereto, outside light fixtures or wrought iron gates on the patios. These items are, of course, governed by architectural standards.
If the Culpable Owner disputes or refuses to pay the costs of repair, the Association, after reasonable notice and hearing procedures as provided for the imposition of enforcement assessments or suspensions, may charge the cost of such repair to such Owner as an reimbursement or special assessment, with the full authority to lien on such amount in the event of non-payment. If the damage is such as may be covered by any insurance carried by the Association, the Board may, in its sole discretion, elect to submit the claim for the cost of repairs to its insurance carrier. Provided the submitted claim is covered by the Association's insurance, the Culpable Owner shall be responsible for the cost of any deductible applicable to the covered claim. If the submitted claim is not covered by the Association's insurance, the Culpable Owner shall be responsible for the total cost of repair.
All repairs performed to correct any damage shall be sufficient to return the damaged property only to its condition prior to the damage, with upgrades as may be required to conform with any applicable building codes in effect at the time the damage is repaired.
5. Water Intrusion Damage.
a. Notwithstanding any other provision in the Governing Documents, each Owner shall be solely responsible for causing the repair or replacement of any damage to any and all interior items of his/her/its Unit, and the cost thereof, including, but not limited to, any personal property, decorations, interior surfaces, floor and wall coverings, appliances, fixtures or other items therein, caused by water intrusion from whatever source. Association shall only be responsible for repair or replacement of the roof system of the Unit as scheduled, as well as repair any leaks to the roof system promptly upon receiving notice by Owner. Association shall not be liable for damage to personal property, wall coverings, floor treatment or any other fixtures or furnishings within the interior of the Unit, resulting from water which may leak or flow from outside of any Unit or from any part of the building, or from any pipes, drains. conduits, appliances or equipment or from any other place or cause, unless caused by the gross negligence of the Association, its Board, officers, agents or employees. Similarly, each Owner shall be responsible for the repair and/or replacement of any damage caused to the unit adjacent to said Owner's Unit by water intrusion emanating from the Owner's Unit.
b. It is hereby acknowledged that the irrigation system for the common areas maintained by the Association has overspray which may overflow to those areas which could impact windows, sliding doors, as well as all components of the Windows and sliding doors, and other glass surfaces of the individual residential unit (hereinafter "glass components"). Nevertheless, any repair or replacement of such glass components which is caused by such overspray shall be the responsibility of the Owner.
c. The responsibility for the cost to repair or replace any item which has been damaged or requires repair because of the access needed to facilitate repairs to water pipes underneath the slab shall be the responsibility of the Owner of the Unit in which said repairs are necessitated and the Association shall have no responsibility for said repair or replacement cost. By way of an example only, if there was a leaking water pipe serving more than one Unit underneath an Owner's slab, consistent with the Exhibit A matrix, the Association would be responsible to fix the water pipe and would further pay for the cost of repairing the slab but would not be responsible for any damage to any floor treatment, wall treatment or any other personal property damaged during the course of obtaining access to the leaking water pipe.
Table Showing Division of Responsibility Between Association, Unit Owner, and Utilities (Exhibit A Matrix) (PDF)
Notwithstanding any allocation of maintenance responsibilities contained in this Exhibit A, the express provisions under the Restated Declaration, or under California Law, the following general principles shall apply in determining the maintenance responsibilities between the Association and the Owner:
1. Exterior Residential Building Maintenance. Any maintenance responsibility by Association for the buildings where the Units are located shall be limited to the exterior surface of such buildings, as well as the roof system, unless otherwise indicated in Exhibit A, and shall not include the maintenance, repair, or replacement of any interior walls, party walls, or any structural elements within the residential buildings. As such, each and every Owner shall be responsible to maintain his/her/its interior walls, that portion of the party wall adjacent to his/her/its Unit, as well as any structural elements within the residential building which relate to the Owner's Unit.
2. Exterior Stucco and Exterior Paint of Unit.Association shall be responsible for the repair and/or replacement of the exterior stucco and exterior paint of each residential building in accordance with a regular maintenance schedule as recommended by consultants and experts, and shall provide maintenance for such areas on the basis of regular wear-and-tear unless immediate painting or repair is necessary to prevent water intrusion or other resulting damage. Any Owner who wishes to facilitate painting and/or repair of the building stucco outside the Association's regular maintenance schedule may do so, subject to the Architectural Guidelines, obtaining architectural approval, and at Owner's sole cost and expense.
3. Owner-installed Improvements. Any Owner-installed improvement, wherever located, shall be the maintenance and repair responsibility of the Owner, and not that of the Association. If such Owner-installed improvement impacts or changes any portion of the Association maintenance area, the Association shall have the right to bring such Association maintenance area into conformity with the other Association maintenance areas and charge Owner for any related costs to do so as a reimbursement assessment. Any Owner-Installed improvement which impacts the exterior of the Unit, e.g. increasing the square footage of the Unit, shall be the maintenance responsibility of the Owner, unless otherwise agreed to in writing by the Association.
4. Damage Caused by Owner or Item Under Control of Owner. Should any damage to the Common Area, Exclusive Use Common Area, any Unit and/or exterior of any Residential building result from the willful or negligent act or neglect of any Owner, or such Owner's tenants, guests, invitees, pets or other person or entity deriving any interest through such Owner, or from any item the maintenance, repair or replacement of which an Owner is responsible (hereinafter "Culpable Owner"), including any damage from any irrigation system, planting, or watering for which the Owner is responsible, the cost of all repairs shall be borne solely by the Culpable Owner and not the Associatlon.
The Association shall be responsible for performing the repair of any damage to the Common Area or items over which the Association is responsible to maintain at the Culpable Owner's expense. The Culpable Owner shall be responsible for performing the repair of any damage to his/her/its Unit and/or Exclusive Use Common Area for which such Owner has control. The Owner of any other Unit which sustained damage shall be responsible for performing the repair of any such damage, and may
charge the cost thereof to the Culpable Owner.