Litigation is time consuming, expensive and without guarantees.

We found out the HOA was under litigation for not fixing the roofs.

Now you have an empty (or soon to be) property, no management, litigation, and it's 1000's of miles away.  

Be civil but firm and let them know that you will need this paid for.

You can litigate as a last resort but you probably won't have to.

I'm late to this party but note that Civil Code Section 4751 renders covenants, conditions and restrictions (CC&Rs) that prohibit or unreasonably restrict the construction of an ADU or JADU on a lot zoned for single-family residential use void and unenforceable.

And if not them an appraiser and if not them pay a civil engineer to do a look see on the infrastructure or lack thereof. 

Well said everyone.According to California Civil Code 1942, a tenant can, without your permission, have a defect repaired without your consent and deduct the rent under the following circumstances:The defect must be related to tenability.

We'd help interview surveyors, land planners, civil engineers, help with the due diligence and plot plans, and the marketing package as well.

If you haven't already, get a lawyer as it is generally a bad idea to be a pro-se litigant.