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Who is responsible to pay the homeowner or the HOA?

1 Answers. Asked on Jun 11th, 2017 on Real Estate - California
More details to this question:
If a condo owner has plumbing repairs done in their unit and in the process breaks two shut off valves in the common area, who is responsible to pay for the repairs to the common area shut off valves broken by the homeowner's handyman?
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Answered on Jun 12th, 2017 at 9:35 AM

Definitely the homeowner whose employee did the damage. Some HOAs have rules against homeowners performing any work on common area without prior written approval, including fines for violations. If the HOA is not having its own plumber do the repairs and wants you to do them, be sure to hire a licensed plumber. You don't want any more mistakes.

Plumbing work that costs more than $500.00 is required by law to be performed by a licensed plumber. When work requiring a license is performed by someone without the correct license, the hirer is personally liable for all damage caused and all injuries, including injuries to the handyman and any employees he has. He won't have workers comp. Your homeowner's insurance (HO-4) won't cover it. A statute imposes on the hirer a rebuttable presumption that the hirer was negligent. And the workers compensation law limits on damages do not apply.

It sounds like there wasn't any flooding damage. If you're handyman had caused flooding into lower units, you could also be liable for all of that damage, from replacing sheetrock and carpeting, damage to paintings and expensive clothes, to mold remediation.

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Dana Sack



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