Legal Question in Real Estate Law in California

Condominium Association Liability
I own a condominium in California and about two weeks ago my tenents called to tell me that the den was flooded. After calling the Home Owner's Association and property manager I was told that the cause of the flood was a misfunctioning sprinkler valve. The damages to the condo total 1500.00. At first the property manager stated that I had to pay the deductable on the insurance. Then she said that they did not have flood insurance. I don't think this would fall under flood insurance because it was not caused by a storm. And I do not feel that I am responsile for any of it because it was caused by something outside of the condo. There is nothing in the bylaws saying that I would be responsible for this. What are my chances in small claims court and if I lose my tenents over this can I also sue for the remainder of the lease?

Asked on 11/14/01, 9:25 pm

3 Answers from Attorneys

Larry Rothman Larry Rothman & Associates

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Re: Condominium Association Liability

Civil Code Section 1364 and the CCR's of the Association define liability. You should be able to prevail in small claims court.

Answered on 11/18/01, 3:06 pm

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Roy Hoffman Law Offices of Roy A. Hoffman

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Re: Condominium Association Liability

You should probably first ask for a copy of the insurance policy held by the homeowners assocaition, and at least attempt to make a claim against the policy. If that fails, and the damage was caused by a system normally maintained by the homeowners association for the common benefit of all owners, it seems to me that you would have a case against the homeowners association for all of your damages. Those damages may include any losses resulting from your tenant moving. Remember, however, that in California you have an affirmative duty to "mitigate" your damages (i.e., stop further damages from occurring). That means that you cannot simply allow the damage to go without repair and consequently without a tenenat until this matter is ultimately resolved. You must attempt to limit your losses by repairing the damage and re-renting/leasing the condo.

Answered on 11/15/01, 1:24 pm

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