questions & answers

Question: I own a condo which is part of an HOA, they recently redid our plumbing (common property) and had the water off making our unit uninhabitable and my family had to live in a hotel room for a week. This was an expense that we cannot afford. Should the HOA be responsible for paying our hotel stay since the repairs on common property,plumbing, made our unit uninhabitable?

Answer:

According to Arizona Revised Statute 33-1242(A); the HOA can only regulate the “common property.”

My suggestion would be to review the aforementioned regulations because that will provide better guidance as to what your HOA can and can’t do in regards to the “common property.” Unfortunately, based on what you stated this may be within their power as your HOA and would likely not be liable for the expenses incurred because of the plumbing upgrade. If you still feel the HOA acted improperly, contact an attorney who specializes in Landlord tenant and HOA laws. They would be able to better evaluate your situation and give a better answer.