Legal Question in Administrative Law in California
Condominium/home owner�s responsibility
I am a plaintiff in pro per. The defendant owns a condominium unit above my unit. His friend flooded his unit and the water overflow caused great damage to my unit. The owner says he never caused the damage. His attorney says his client is not responsible.
I understand that the defendant�s friend is responsible. However, I also believe that the defendant who is the owner of the unit is equally responsible.
Is the owner responsible?
Where can I research to find case references showing the responsibilities of condominium owners to each other?
I appreciate your time and advice.
2 Answers from Attorneys
Re: Condominium/home owner�s responsibility
Assuming that the source of the flooding was within the defendants separate interest of their unit the owner and their homeowners insurance would be responsible for the resulting damage. However, you need to ensure that the source of the flooding was not within the common area, which would be the responsibility of the HOA and the Community Master Policy. These types of cases can be tricky and expensive and it would be advisable to at least consult with an attorney concerning this matter.
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Re: Condominium/home owner�s responsibility
If the damage is around $7500 or less, file in small claims court against the owner and tenant, and tell your story to the judge. If it is a lot more money than that, you will have to file in Superior Court. You'll need an attorney do do that, and he'll support your case with the correct law and arguments. If that is what you need, feel free to contact me, if the case is in SoCal courts.
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