Legal Question in Real Estate Law in California
Home Owner Assoc. negligence causing foundation problems
The HOA has not performed adequate maintenance of gutters and sprinklers systems causing water to accummulate under the building. This has resulted in significant settlement and damage to the building's foundation.
We have repeatedly asked the HOA to correct the maintenance issues and compensate the homeowners for foundation damages.
We took the HOA to mediation but the HOA did not agree with our position and believed that the HOA had no responsibility in this matter but agreed to correct the above problems.
The homeowners plan to go to abritration or court to make our case.
What would you recommend in our effort to prove the HOA's negligence and responsibility?
1 Answer from Attorneys
Re: Home Owner Assoc. negligence causing foundation problems
You will need an attorney with experience in litigating negligent maintenance claims against HOAs, and probably two expert witnesses: one to testify as to causation (of the damage) and another to testify that this maintenance was the HOA's responsibility and that it breached its duty to maintain. You might also need someone to provide testimony as to the dollar amount of harm done, but maybe the causation expert could also give credible damage testimony.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
