Legal Question in Real Estate Law in California

CC&R's

States assoc. is responsible for the chimney (caps). Mine rusted. Developed leak into fireplace. Small mold area on the wall. Outside was repaired by Assoc. Inside assoc says I pay. In rules and regulations they have a weasel clause states even if they don't maintain and owner has damage, too bad. You must prove will misconduct. BTW, I am on the board!


Asked on 4/16/09, 5:34 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Re: CC&R's

Normally, if one causes or is responsible for a damage which causes other foreseeable damage then liability exists for both. If your roof collapsed because of dry rot above your inside ceiling, obviously the HOA would be liable for the pile of roofing material lying on your livingroom floor, even though you personally own the floor area. It is possible to sign away a civil right as to negilgence but not an intentional tort; I doubt you can show the HOA was intentionally negligent. But to waive those rights it must be done with clear language, which does not appear to be the case here. Talk to whomever said the HOA would not pay and point that out to them and that you will sue if you must. Consider having the Board, without your taking part, vote on the issue and clarify the CC&R's.

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Answered on 4/17/09, 1:49 pm


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