Legal Question in Real Estate Law in California
My condo was floorded and the cause was the common area pipe backup. The HOA's has agreed to pay all other damages other than ruin hardwood floor in the unit and the temorary relocating fee to my tenants.
The reason they said was that the hardwood floor was not original floor when the building was built and therefore the insurance company will not pay for it. And because the resident is not the owner, therefore it is not covered.
I think because the damage is caused by the common area pipe backup, therefore HOA is liable for all the damages regardless what insurance cover. Am I right or not?
Am I have a case against HOA? If so, I am willing to do a contigent fee basis. If an antoney is willing to help to negotiate with HOA. I don't think this case will go to the court, just need an attoney talk to HOA or write a letter to HOA/building manager and let them understood that the HOA is liable regardless what insurance company say.
If you think I am wrong and HOA is correct, please also let me know.
Thank you very much for responding.
1 Answer from Attorneys
Without more facts, I cannot opine as to who will win and who will lose. As a general proposition, if the HOA has admitted liablity, then they are liable for all resulting damages, regardless of whether the floor was original, or the occupant is a tenant or owner. That being said, I do not know any attorneys who will be willing to take a case like this on contingency. The potential damages are really too small to make this an effective contingency fee matter. I know for our firm, we would just not be interested in a matter such as this unles we were being paid by the hour as incurred. Good luck though - sounds like a very typical HOA trying to weasel their way out of paying what they owe.
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