Is the HOA responsible for this damage? Thanks for any advice. (tenant, foreclosed)

[llowllevellowll]

I need some advice from fellow homeowners, will appreciate it greatly.

My wife and I are closing right now on our first home - a condo. The HOA is $335 per month, which is quite typical here in California. My real estate agent called the HOA before we visited and retrieved what the HOA covered and what it doesn't cover.

What our HOA covers: roof, siding, gutters, lawn, gate.

What our HOA DOESN'T cover: driveway, decks.

Now my problem. There appears to be damage to the driveway, which would normally be our responsibility as homeowners but the damage [a sizeable crack] appears to be water damage inflicted upon by a gutter's downspout that is cracked and previous homeowner didn't fix or the HOA didn't fix it while she was a tenant. Interestingly, it is also a shared driveway and it is actually my next-door neighbors downspout that is cracked and not mine, however there is more damage to my side of the driveway than hers.

There is also some water damage to a wood brace under the driveway (the condo is built into a hill) that may or may not be linked to the cracked downspout.

The real estate agent gave me the number to the HOA but I wanted to hear what others thought about this before hand. I am going into the homeownership with the mindset that I will be financially liable for the damage - it won't be too costly - but what does everyone think about this odd situation? Would the HOA be liable, is my next door neighbor at all liable? In anyone's experience, would pressing this issue cause ill will against myself?

I will listen and I really appreciate any thoughts on this manner, or what I can research to find out.

- Josh

[middle-aged mom]

At what point in the process are you?

Have you had a home inspection?

This is the sort of thing that tends to be pushed back on the seller following a home inspection.

[llowllevellowll]

Originally Posted by middle-aged mom

At what point in the process are you?

Have you had a home inspection?

This is the sort of thing that tends to be pushed back on the seller following a home inspection.

Home inspection was completed on Tuesday. The inspector points out the issues but he's not aware of what the HOA might or might not cover.

That's my other idea is that the seller might have to take care of it too, but the problem with that is it was a short sale. Her lender will only accept amount $x but if I include contingcies, the seller might be forced to bring cash to the table. At that point, she could possibly decide just to let it go and have it be foreclosed? Meanwhile, we think the condo is a great buy regardless of that damage.

It's kind of a confusing issue...

[Brandon Hoffman]

Good questions. I would ask the seller to fix and let the seller deal with it, except it's a short sale so the seller likely won't do anything. Bank isn't going to make repairs. I think an attorney consultation might be a good answer. Yes, if you have concerns consult a RE attorney.

[MMichelle]

The seller should repair the driveway and the HOA should correct any drainage coming from the downspouts.
You should require that all this be done before you close.

Yes, a point could be made that the HOA should repair the driveway because the damage was from the drainage of the downspout. However, I have no idea why you'd want to inject yourself into that fight. The point is you should be sure all that is resolved before you close.

If you close before the corrections and repairs are made - the fight will be yours. You will be in the position of fighting for what you think occured before you purchased. You will have purchased knowing that the driveway was damaged and the gov. docs. state you (the new owner) are responsible for the repairs.

Why go there? Be sure the matter is resolved before you close. I hope it's not to late for you to serve the seller with an inspection notice. ??
Best wishes.