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,

Thank you both for answering my questions. Now follow up:

the HOA's liability has a deductible of $10,000 and now they are saying that because insurance will not pay for the damage, we as individual owner should have individual insurance to cover that $10,000. and therefore, they will not pay for replacement of hardwood floor and relocating of the tenant.

We don't have individual condo insurance. But the damage is certainly caused by the pipe in the common area. If the HOA does not pay for it, do we have a case against HOA?

thanks again


Asked on 6/14/11, 9:51 am

2 Answers from Attorneys
Anthony Roach Law Office of Anthony A. Roach

You have a lot of issues, and really should speak to an attorney, sooner, rather than later. A deductible with respect to third party liability insurance does not make sense, but an attorney would have to review the various policies to be sure.

Read more
Answered on 6/14/11, 10:09 am

Mr. Roach is incorrect that it would require a review of the HOA policy to assist you. The HOA is responsible for maintenance of the common areas. When inadequate maintenance in the common areas causes flooding and damage to your personal property and private parts of your unit, they are liable just as if you lived in a single family home and your neighbor's property had a problem that flowed across to your property and caused damage. The HOA cannot avoid that liability by nothing more than asserting that they don't have insurance for it so you pay. The only way they could do that is if the CC&R's require individual owners to carry insurance to bridge the $10,000 deductible. So what would be required is a review of the HOA governing documents, not their insurance. I note you have an Oakland zip code. I maintain facilities in downtown Oakland to serve western Alameda County clients. If you would like a free half hour consultation, please contact me.

Read more
Answered on 6/14/11, 11:30 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in California