Adobe Creek Homeowners Association - Community Management Services
278 Monroe Dr. Mountain View CA 94040
The story
On February 25, 2024, at 4 p.m., we observed water on the first floor of our property. The water came from our adjacent Unit #18. With the help of another neighbour from Unit #17, we shut off the main water valve for Unit #18 to stop the water flow. The Unit #18 was under remodeling at that time, and the valves were closed because of work on the water pipes inside the unit. Someone from HOA garden workers opened public valve for Unit #18 causing the flooding in the unit that spreaded to the adjacent units.
We received permission from the owner of the the Unit#18 to gain access inside. I shut off the electrical breakers.
History of events
February 25, 2024 4pm, Sunday - Water on the first floor on Unit #7 because of the water leak from the adjacent Unit #18. (photos, videos)
In Unit #7
In the Unit #18 - can be provided by request.
We have shut off the main water valve for Unit #18 to stop the water flow and I put the notes.
February 26, 2024 - I have notified my Farmers Agent about the issue, and got a recomendation to wait and not open the claim in Farmers, otherwise the damage claim will be on my property Unit #7.
February 29, 2024 - HOA opened a claim with their insurance company - StateFarm.
Email from HOA - Tanisha Johnson. Phone 408-559-1977 ext. 135
Community Management Services, Inc 1935 Dry Creek Rd, Suite 203 Campbell, CA 95008.
StateFarm Policy Number: 97-41-7758-0
StateFarm Claim Number: 0563X442T
StateFarm Claim Adjuster: Stefanie Dixon 972-657-3164
March 18 - March 21, 2024 - Bases on the claim with StateFarm, the contractor team came. They removed and hauled away half the hardwood flooring on the first floor of my unit to expose the subfloor/base and then dried out the subfloor. (photos, videos)
In Unit #7 Before hardwood was removed
Unit #7 - after hardwood was removed
End of work - current state
March 24 - March 30, 2024 - contractors work in Unit #18, dried the floor base.
April 15 2024 - I sent an email to HOA to get updates - no answer untill April 17th after my phone call.
- phone call to HOA, I got recommendation to open a claim with Farmers insurance (my insurance)
April 15 - April 17 2024 - yet no response to my email from HOA
- Phone call to HOA ,Tanisha Johnson 408-559-1977 ext. 135. I got recommendation to open a claime with Farmers insurance (my insurance) again. No actions from Community Management Services
- My Farmers Agent recommended to open a claim against StateFarm insurance, useless. I cannot onen the claim - I tried but no options, as I'm not a customer of StateFarm and StateFarm Claim Number: 0563X442T alredy exists
- Call to Los Altos StateFarm insurance HOA agent James Flynn 650-941-5000 > Clime department > useless.
- Call to StateFarm insurance new claim - 800-732-5246 > useless
- Call to StateFarm insurance existing claim - 888-559-1922 > useless > Claim Adjuster: Stefanie Dixon 972-657-3164
- Call to Claim Adjuster: Stefanie Dixon 972-657-3164 - useless, she doesn't pick up a phone.
- I cannot contact StateFarm via email because there is no email address to sent email to StateFarm
- Published this report.
April 18 2024
- I recived email from HOA, Bill Fleenor, Sec ACCA, Director ACCA - I got recommendation to open a claim with Farmers insurance (my insurance) again.
- I recived (Bill Fleenor in CC) very detailed email from my Farmers insurance agent. The main idia is - Mr. Korelevskiy's property damage has happened as a result of water that came outside his unit's inner perimeter... the liable party is clearly not Mr. Korelevskiy, and his loss (no matter what it is) shall be covered by the liable party. It is exacly what I'm trying to hear from HOA.
April 22 2024
- Replied to HOA with with the same questions:
- What is the current status of my hardwood flooring (approximately 150 square feet)? Is it still in the same condition, and can it be returned and reinstalled to make floor is the same condition as before? Or does the entire first floor hardwood (approximately 500 square feet) need to be replaced?
- Who and when will handle the restoration of the hardwood flooring and kitchen cabinets in my unit, following their removal and detachment by the contractors hired by you or your insurance company?
May 7 2024
- Call to StateFarm Claim Adjuster: Stefanie Dixon 972-657-3164 ext. 0 - talk to the team member of Stefanie Dixon. Finally they added a note to the cliaim specialist John Selvitella, who is working with our case
- Got a call from John Selvitella, scheduled a visit in our propery on May 8th.
May 8 2024
- Cliaim specialist John Selvitella visited our our property. He took measurements of the damaged hardwood, took photographs, and took a sample of the hardwood.
- He insisted that the HOA never contacted him, he called several times to Tanisha Johnson, phone 408-559-1977 but received no answer, no one called him back.
- Sent email to Tanisha Johnson and provide updates.
May 27 2024
- Call to StateFarm Claim Adjuster: Stefanie Dixon 972-657-3164 ext. 0 - talk with team member of Stefanie Dixon.
StateFarm sent update to HOA after the claim specialist John Selvitella has been visited Unit #7. StateFarm waits cost estimation from HOA.
- Phone call to HOA ,Tanisha Johnson 408-559-1977 ext. 135. Share updated.
May 31 2024
The estimations for materials and works provided to Tanisha Johnson by email.
June 10 2024
- Call to StateFarm Claim Adjuster: Stefanie Dixon 972-657-3164 ext. 0 - talk with team member of Stefanie Dixon. StateFarm waits a cost adjustment from HOA.
- Phone call to HOA, Tanisha Johnson 408-559-1977 ext. 135. Ask about the progress, share updates from StateFarm.
June 10 2024
- Call to StateFarm Claim Adjuster: Stefanie Dixon 972-657-3164 ext. 0 - talk with team member of Stefanie Dixon. StateFarm waits a cost adjustment from HOA.
- Phone call to HOA, Tanisha Johnson 408-559-1977 ext. 135. Ask about the progress, share updates from StateFarm.
June 16 2024
- Email to HOA ,Tanisha Johnson 408-559-1977 ext. 135 with request updates - no answer.
June 19 2024
- Email to StateFarm, CC HOA ,Tanisha Johnson with request of updates This email address is being protected from spambots. You need JavaScript enabled to view it..
- Call to StateFarm Claim Adjuster: Stefanie Dixon 972-657-3164 ext. 0 - talk with team member of Stefanie Dixon. StateFarm representative notified what StateFarm already paid to HOA for restoring our property.
- Call to Tanisha Johnson 408-559-1977 ext. 135.
June 24 2024 (four months since the issue happened)
- Got a call from Tanisha Johnson. HOA Managment company got a payment from StateFarm for demadged floring 100 sqf only. The update about the final amount of payment to compincate expencies for recavering floor will be provided during week or two.
July 8 2024
- Email a request to Adobe HOA Board Members.
Conclusions
...will be in the end depending on the result.
Comments
1. Review HOA Rules and Bylaws:
Understand the rules, bylaws, and covenants of your HOA. This will help you determine if the HOA is in violation of any of its own rules or applicable laws.
2. Document the Issue:
Collect all relevant documents, emails, letters, photos, and other evidence that support your case.
3. Attempt to Resolve Internally:
Before escalating to legal action, try to resolve the issue through the HOA’s internal dispute resolution process. This might involve mediation or arbitration.
4. Seek Legal Advice:
Consult with an attorney who specializes in HOA disputes or real estate law. They can provide guidance on the strength of your case and the best course of action.
5. Draft a Demand Letter:
Attorney draft a demand letter to the HOA. This letter should outline your grievances, the evidence, and what you are seeking (e.g., specific actions by the HOA, monetary compensation, etc.).
6. Prepare Complaint:
If the issue is not resolved, you will need to file a complaint with the appropriate court. The attorney can help you draft this document. It should include:
A statement of the facts.
The legal basis for your claims.
What you are asking the court to do (e.g., enforce rules, compensate for damages, etc.).
7. File the Complaint:
Submit your complaint to the civil court. Pay the required filing fee.
8. Serve the HOA:
The HOA must be formally notified of the lawsuit. This is usually done through a process server or a sheriff's deputy delivering the complaint and a summons.
9. Respond to HOA’s Answer:
The HOA will have a certain amount of time to respond to your complaint. Be prepared to respond to their answer and any counterclaims they may file.
Discovery Phase:
Both parties will exchange information and evidence. This phase may include depositions, interrogatories, and requests for documents.
1. Pre-Trial Motions and Settlement Discussions:
Aattorney and the HOA’s attorney might file pre-trial motions. There may also be opportunities for settlement discussions to avoid going to trial.
2. Trial:
If the case is not settled, it will go to trial. Both sides will present their evidence and arguments. The judge or jury will make a decision based on the facts and the law.
3. Post-Trial Actions:
The HOA may appeal the decision.