Her bathroom ceiling showed a small water spot one day. he reported to HOA. And HOA fixed. The repair company states that When the original bathroom countertops were installed in unit 707 several screws were forced into main PVC drainage pipes behind the toilet. Over time, the screws loosened and allowed water from these pipes to drain into the wall and sub-floor of 607, and pool in the ceiling of unit 607. PVC drainage pipes are conmmon pipes. HOA paid cost. However, HOA asked unit 607 to pay $1500 and put a lien on her unit. She sued HOA on the small claim court baseuse HOA Declaration document clearly states following.
Entry For Repair. The Association shall have the right to enter any Unit and any Limited Common Element to effect emergency repairs, and shall have a reasonable right of entry thereupon to effect other repairs, improvements, replacements or maintenance deemed necessary. Such entry shall be made with as little inconvenience to the owner as practicable, and any damage caused thereby shall be repaired by the Board of Directors at the expense of the common expense fund. The Association shall notify the affect Unit Owner in advance whenever possible.
Now HOA filed a counter claim two days before the trail and also stated that HOA president is not available until October. judge granted delay the trail. She wanted an earlier trail because in Washington state HOA can foceclose her condo after put a lien on her cando for a few months. Also HOA bylaws states if president is not available, the vice president do the duty. She also saw president is in the building. But the judge denied her request.
Her questions are below:
1. Can HOA starta a foceclose process before the small claim trail?
2. She doesn't want to put her condo in danger since she will don't have place to live. If she pays $1500 now and try to get back during the trail. Is it a good idea or bad idea?
3.She also afraid lost the case since HOA is powerful than an individual with Chinese last name?Here is the small claim court rules in Washington state. We jsut don't understand somethimes.
http://apps.leg.wa.gov/rcw/default.aspx?cite=12.40
Thank you.
