Legal Question in Real Estate Law in California

HOA Insurance / Common Area Damage and Responsibility

Here's the issue:

Building is an 8-unit condominium with an HOA.

Tenant A has a fire in Unit A. In addition to damage to the unit, the fire department breaks a window in the common area to fight the fire. The replacement of the window is $600, which is less than the deductible on the building's insurance policy, so that's not even in play. Tenant A's insurance company claims their coverage only covers damage to Unit A, not other units or the common area, even if they are at fault. The cause of the fire is an overheated dryer (as in washer/dryer combo). There is no indication that the fire cause is negligence or installation, rather faulty equipment.

Is Tenant A responsible for damage to the common area (i.e. replacement of the window) ?

Any thoughts or info would be helpful - thanks!

HOA President


Asked on 12/12/06, 8:26 pm

2 Answers from Attorneys
Judith Deming Deming & Associates

Re: HOA Insurance / Common Area Damage and Responsibility

Tenant A is responsibile whether or not his insurance company believes Tenant A is covered for this type of damage under their policy--it is not the HOA's problem. Tenant A should be requested to pay and let him fight with his insurance company if he believes it is covered under policy.

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Answered on 12/13/06, 2:54 pm
Carl Starrett Law Offices of Carl H. Starrett II

Re: HOA Insurance / Common Area Damage and Responsibility

First of all, never take the word of the carrier on the availability of coverage. Read the policy for yourself.

Second, the CC&Rs might address the issue. Review your governing documents. The unit owner might also have available insuruance.

Third, don't be so quick to assume that negligence has been ruled out. What if the dryer overheated because of the failure the tenant to clean the lint screen? And did you consider that the manufacturer might be liable as well?

Then you need to remember the bottom line: this is a small claims case. A board member would need to take time off from work and the HOA may or may not win.

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Answered on 12/12/06, 8:53 pm


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