HOA ripped out kitchen! Owner denies responsible for loss-of-use!

[Jonn Vidal]

Last Friday, HOA ripped out rental condo's kitchen for repairs between upstairs and belows units; landlord/owner also denies compensating for anything, won't even reimburse for food!

Moved into condo rental fall 2021. Jan 2022 neighbors below left typewritten, signed letter that they have water damage from a leak above. HOA investigated, found leak is from the unit above us, not our unit. (Unit above us has always been for sale since we moved in, but there's people walking around up there daily.)

Anyways, last Friday HOA came and demolitioned kitchen saying they are replacing pipes and rotted wood between upstairs and downstairs units. They plugged in a huge noisy heater-fan thing into OUR electric which has been running continuously all weekend day and nite so far.

They also SEALED off  kitchen completely with opaque tarps, duct tape and zippers like a hazmat/quarantine scene! Whatever they are doing is heating up entire condo like an oven. Cannot see into the kitchen from condo, but saw all the cabinets, sink, everything outside near dumpster, and wall excavated so u can see into the (barren) kitchen from outside, and waters from our fridge lying around empty.They are not offering ANY compensation; referring to get renter's insurance, and say will be done in just a 'few' days more.

Spend over 120/day on bfast, lunch, dinner, beverages, snacks. Plus the electric bill may be a huge surprise next. Rent is $2100/mo. Lease is just a year, but don't have the funds to pay for moving, deposit, etc all over again so soon. Were planning to renew but at this rate may have to move due to artificial heat and no kitchen! Asked for any credit at least for food, but landlord, which is a corporation, refused.

What legal options exist in California? Lease does not address loss of use; how long does one have to be without any access to a kitchen for some sort of report to be filed? It does not appear they have any permit to have demo'd & hopefully replace the kitchen, yet that seems what they are doing!

[Nathan Gesner]

Quote from @Jonn Vidal:

*I should have mentioned it's a 2bed 2bath (and currently 0 kitchen) condo with occupancy of 2. 

thanks John, Greg, et al!

Don't have renters insurance policy =( 

How can we find out the unit above's coverage? Since it's been listed for sale since at least last year, am worried its owners don't have a policy!

I agree with the others. If the leak is inside the walls, it's probably an HOA responsibility. If it was inside the upstairs unit (e.g. leaking toilet) then it would be that owner's responsibility.

You are not responsible, and neither is your Landlord. However, your Landlord or Property Manager should be helping you navigate this and seek compensation. I would start by talking to your owner. Explain the situation, the additional costs, the heat, the lack of a kitchen, the noise, the dust, etc. See if the owner will work with you to seek compensation from the HOA or Owner of the other unit. If not, pursue it on your own.

If you don't get any response from them, I would contact an attorney and let them pursue this for you. TAKE PICTURES of everything, from every angle. Keep a journal of when they notified you, when they started demolition, what hours of each day they are working, temperature in the unit, notes on conversations, copies of all emails, letters, phone conversations, etc. He who has proof, wins.