Legal Question in Personal Injury in California

I own a condo that has a patio area with concrete slab that in the CCRs states that the HOA has a dutiy to maintaine .As I understand I have use of the air space....Here is the issue. I have had a tree in this area for 20 years. The tree roots have infiltrated the patio next to mine and done to damage to neihbors concrete slab . The slab was raised by 6-7 inches . The tree guy I hired to remove tree states this was going on over the course of years....Neither the HOA or the owner ever put me on notice that there was an issue until recently when the owner had a new tenant and pointed out the trip/fall hazard. Now I am being told I am on the hook for the whole replacement. My H06 policy carrier has an exclusion for " property of the condominium". So no coverage there for liability. Doesn't the HOA have any responsibility in this, as they could have informed me way before the damage got to this stage ??? I know I am liable to the hoa for things I cause, but I never knew there was an issue till now and I feel that if I had been informed by either owner or HOA we could have prevented this huge expense.


Asked on 10/19/11, 8:14 am

1 Answer from Attorneys

You have a failure to mitigate damages defense. The HOA should tender this to their insurance company, and then you should settle with the insurance company on a fair allocation of the cost.

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Answered on 10/19/11, 11:15 am


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