Legal Question in Real Estate Law in California

Home Owners Association and Condominium maintenance

In 2003 I bought a condominium with a big tree in the patio. Two months after I moved in I was asked by the HOA to remove the tree which I did. During the first rain, after I became a resident to the community, I found out that there is a serious water leak on the first floor. I informed the HOA, and they acted surprised even though a covered damage showed that the leak was not new. I have insisted since then the reason for the leak to be found and repaired. During all this time I found that many units had same problem in the past, and the HOA resolved it. At my last request to repair the leak, I was informed that I have to do it myself, because the reason for leak was the tree's roots which damaged the walkway and probalby the wall. The HOA said that since I bought the property with the existing tree, I am liable for the damages as at the same time they were not obligated to disclose the previous problems with the tree. My question is: Am I liable for the possible damages from the tree's roots? If I am not liable, how can I make the HOA to repair the leak?


Asked on 2/21/05, 5:27 am

1 Answer from Attorneys
Daniel Harrison Berger Harrison, APC

Re: Home Owners Association and Condominium maintenance

The answer depends on what your CC&R's say. If the tree was located on your separate exclusive property (not common property and not exclusive use common property), and the tree was the sole cause of the leak, then you may be utimately liable. However, HOAs usually repair these things as the damage is to the common property (walls, subfloor, etc.) The HOA can then seek reimbursement from you after the repair.

The HOA must first be very very sure that the sole cause of the leak was your tree versus some other tree or versus some other cause.

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Answered on 2/21/05, 5:20 pm


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