AboutErrica Cook Expertise I can answer any questions regarding buying or selling real estate in California. I can also answer questions about becoming a real estate agent in the state.
Experience I have been selling and training new agents here since 2002.
Expert: Errica Cook Date: 6/2/2008 Subject: open issues with deceased
Question QUESTION: "My question is: An owner who lives above me in my condo unit unexpectedly passed away on Tuesday. We have open issues of repairs regarding my unit that we didn't get to settle. How can I proceed to make sure those repairs are done and are not my responsibility?"
ANSWER: That really depends on what the repairs are, what, if anything you agreed to in writing and who gets the property now that the owner has passed.
If nothing was agreed to in writing, or you didn't have the HOA involved to witness that the owner above you intended to make the repairs, then you are back to square one, dealing with the new owner of the condo.
But I have a question...in a condo the HOA typically is responsible for everything outside of your walls, so what repairs need to be made that had you dealing with the owner and not the HOA?
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QUESTION: Just to clarify what you're saying: My only recourse is if the HOA had been notified by me of the problem and/or if he and I had an agreement in writing. If he and I didn't have an agreement in writing, then I have to wait until someone claims the property and only at that time I can ask for repairs to be done. Do I have it correct? Can I place a lien on his property, or has that shipped sailed? What if he dosen't have family to claim the unit? Does the HOA have any rights to it?
I am still in the process of confirming that the repairs are infact the responsibility of the deceased owner or the HOA.
Answer You are correct in your clarification.
As for the lien, the only way you could put one on the property is if you were a service provider that had a signed contract with the deceased, and you had done work that you weren't paid for. Then you could go with a "mechanic's lien".
As a neighbor with some damages that may or may not be the previous owner's fault you really can't do much.
If he doesn't have any family to claim the property then it will probably go into probate and a department within your county will take over the home and sell it.
The HOA does not have any right to the property, other than dues that are owed on it, however any contract that they had with the previous owner to pay dues will probably be void upon his death.
Without more details about the damages I can't really point you in the right direction. If it is clearly a case of the HOA being negligent in allowing him to damage your home, or if he had asked the HOA to make repairs that ended up causing you problems, then you might be able to go through the HOA to get it all fixed up.
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