Legal Question in Construction Law in California

Rain roof water drains into the common area of the condo I live in which does not have proper drainage. Because of this water was leaking through the retaining wall which holds up my condo due to improper drainage. After a few phone calls, the HOA did a small fix but I do not think that it will solve the problem. Who is responsible for this type of repair to have proper drainage? It seems the HOa is responsible since they already did a fix but I have received two independent consultations and both feel that what was done was just a waste of money and will not solve the problem. I do not feel I am responsible for water drainage of the common area and that the HOA should have known better and had proper drainage to begin with. I have lived in the residence for under two years and feel that if this is just getting fixed, there could be 25 years worth of improper drainage compromising the retaining wall/foundation.


Asked on 5/16/11, 7:16 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Without the benefit of an on-site inspection after reviewing the HOA rules, etc., I would have to say this is probably an HOA-responsibility matter. At present, you don't really have a claim, since there is no current damage (as I understand it) that you could sue over. However, you might consider writing a letter to the HOA, expressing your concerns that lack of proper repairs may subject the HOA to a much bigger claim in the future.

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Answered on 5/16/11, 9:16 pm


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