Legal Question in Civil Litigation in California
In California, in a condo complex, if a water pipe leaks, who's responsible for the repairs?
We live upstairs, and our unit is mostly over another owner's garage. A copper pipe developed a leak and caused water damage to the ceiling of the other owner's garage. We had a plumber come out and repair the leak. There is damage to the drywall of the other unit.
The HOA is stating that:
On page 15 of the CC&Rs;, Article VIII, Section 8.22(b) � (Each Owner shall) Maintain, repair, replace and restore the plumbing, electrical, air conditioning (if any), furnaces, cable television, utilities and heating systems servicing his unit and located within or underneath the outside perimeter of the exterior of the exterior bearing walls of said Unit or within or under the floor or ceiling of said Unit, and all appliances and equipment located in said Unit.
And:
On page 15 of the CC&Rs;, Article VIII, Section 8.22(c) � (Each Owner shall) Maintain, repair, replace and restore all portions of this Unit, including, without limitation, the interior walls, ceilings, floors and doors (including, without limitation, the floors and ground surfaces of his yard or balcony and the interior surface of any fence or wall forming a boundary of his yard or balcony) in a clean, sanitary, neat, safe, orderly and attractive condition.
Our insurance company is telling us that the owner with the damage is the one legally responsible to pay for the repairs. Is this true in California?
Thank you so much for your time and attention.
1 Answer from Attorneys
You have really lousy CC&R's. They sound like townhouse CC&R's and should not have been used in a development where any unit is over or under another unit. Since the floor of one unit is the ceiling of others, it is impossibly ambiguous whether you are responsible because the pipes were in your floor, or the neighbor is responsible because they were in their ceiling. Without knowing who was liable for the pipes, it is impossible to say whether you are responsible because your pipes caused the damage, under subsection (b), or they are under subsection (b), or they are under subsection (c). From a practical standpoint I'd say, tell them to submit to their insurance company, and then let the two insurance companies duke it out.
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