Legal Question in Civil Litigation in California

Generally the roof of a condo project is the responsibility of the association, not the owner of the top floor unit.

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Mr. Reich is correct that the HOA, not the owner of the unit under the leaky roof, should be responsible for the roof leak no matter when you bought the unit. In addition, if the roof leak was not disclosed to you before you bought the unit, you have a right to sue the seller and possibly the seller's real estate agent. "As is" cannot be used to defeat the law that requires disclosure of defects before selling a property.