Legal Question in Real Estate Law in California

Since the HOA is legally responsible for the condition of the roof, agreed to repair it, knew it needed repair, and failed to repair it only because it did not have adequate funds at the time, it is legally responsible for repairing the roof ans the foreseeable results of not doing so, such as having to compenste the tenant and damages to the inside of the condo. You can not get the Small Claims Court to order the HOA to do anything, such as repair the roof; it can only award a money judgment up to $7,500.

I would suggest you go to the management of the complex and point out the longer they wait the more they are going to have to pay you. They need to find some revenue to pay for the repair and damages. Perhaps they need to make a general membership increase in HOA fees. If the manager wil not help, go to the Board and point out they leave you no choice but to sue.

Mr. Shers is basically right. The HOA is liable to you for all losses and damages you have incurred once they had notice of the leak, and for all physical damage to the unit. If the structure is less than ten years old, you probably also have a claim against the builder and developer. It seems, however, that you have already tried dealing with the HOA management. You can try one more time, pointing out that you've gotten informal legal review of the situation that indicates you can sue them for it, but it may take a formal letter from an attorney to get action. I have handled a number of condo damage matters for unit owners. If you would like my assistance, please feel free to give me a call or send me an email.