Legal Question in Real Estate Law in California

Re: Condominium association

Unfortunately, there is no standard answer to this question. It depends upon the governing documents for your project, and the condo plan. You should have these documents, and if you do not, you need to request them of your association. Generally, a condominium is what is referred to as an "airspace" condominium, meaning you own the airspace within the unit, and not the structure of the unit itself. As such, the logical assumption is that the chimney, being stuctural, is the responsibility of the HOA. In some instances, however, the HOA can delegate certain maintenance and other responsibilities to the homeowners. Check your docs. Alternatively, make a demand on the HOA to fix the problem. If they do not, you can demand ADR of the issue.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.