Legal Question in Real Estate Law in California

I have a condo flooded because a common area pipe backup. The HOA has agreed to restore hardwoord floor, clean up the carpet and do all the repair work.

During the construction, the residence in the condo need to be vacated for 1 week , Is HOA also liable for the expense of temporary relocating?

Thank you very much.

I got one answer says Yes. Follow up question, if the resident is a tenant, is HOA also liable? Another lawyer said, HOA is only responsible to the owner -.e me not the tenant. Does that mean, I , as an owner, responsible for the temporary relocating of the tenant and then I should seek reimbursement from HOA? or should the HOA directly handle it?

Thanks,


Asked on 6/13/11, 5:53 pm

2 Answers from Attorneys

Technically the HOA is responsible to anyone damaged by their pipe backing up. You, however, are responsible to your tenants to provide a place to live. The net effect however, is that the HOA is responsible to you for your expense of relocating the tenant. If you have a good lease, all the tenant is entitled to is rent abatement for the period of vacancy.

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Answered on 6/13/11, 6:41 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

There may be a threshold question as to whether the tenancy is permissible. I know that some condo rules place limits on owners' rights to rent or lease. If the tenancy is legal, I think the question of reimbursing the displaced tenant becomes one of practicality. What is the HOA willing to do without being sued? Sounds like a $500 matter, and one that should be handled in the most expedient way, avoiding head-knocking and court, even small claims.

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Answered on 6/14/11, 9:11 am


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