Legal Question in Civil Litigation in California

I experienced a fire in my condominium almost 3 years ago that was caused by faulty repairs to our HVAC unit. We have recently settled with the company that performed the repairs and the home warranty company that sent them.

At the time of the fire, our HOA said they would do everything within their power to get us back into our unit as soon as humanly possible. We believed them. We did not have our own contents insurance because we were mistakenly under the impression the HOA's umbrella policy covered everything.

The HOA has failed to act in any way, shape, or form and we are going to lose out home because of it. Our mortgage holder has scheduled an auction sale for September 15, 2010.

Is there anything I can do legally to sue my HOA? I cannot believe there is not a law in this great country to protect a victim like me from a vulture like my HOA. The have to be laws out there for a situation like this!

Could someone please advise me asap about the possibilities?


Asked on 9/09/10, 2:14 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

The big question is whether you carried fire insurance. It would appear that you did not carry fire insurance, either as a requirement under your loan and deed of trust, or as a requirement from the CC&R's. It is hard to fathom why you would want to sue the HOA for a fire they did not cause, because you did not get fire insurance.

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Answered on 9/14/10, 5:13 pm


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