Legal Question in Real Estate Law in California

Negligent Fire

We had an owner cause a fire because of her negligence (she left her home and left the stove on while she went to pick her son up from school). As an HOA each of the 8 owners has to pay the $25,000 deductible on the complex insurance policy. Can an owner take her to court to be reimbursed for the portion of the deductible that will be assessed at over $3000 per unit.


Asked on 3/03/08, 8:17 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Negligent Fire

Perhaps. It could be that the HOA rules are written so that the duty to participate in paying the insurance deductible is also a joint and several duty to share the risk of another owner's negligence. On the other hand, maybe the proper interpretation of the rule is that it only raises a prima facie obligation to help cover the cash cost without cutting off a suit for negligence. In any event, this is a small-claims sized matter and you have little at risk in trying to recover - except it may contribute to hard feelings in the building.

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Answered on 3/03/08, 8:55 pm


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