Legal Question in Real Estate Law in California

property damage

I own a bottom unit. My parents are the occupants. At one time, the shower drainage pipe from the unit above me broke and the condo asso. ''fixed'' it. Over a month ago, my parents noticed wet carpeting around our shower area and everytime people above us took a shower the ceeling leaked and the carpet more drenched. Further investigation showed that molds are growing on the base of my wall ( we didn't noticed it before because it was covered by appliances) and the door can't be close due to swelling. Condo asso. said it is not their responsibility. The owner of the unit above us, per their lawyer said they are not liable 'coz they did not deliberately caused the problem. My insurance claim representative said my coverage does not cover long term damage. (I don't know what their definition of long term is). The owner above said they'll fix their pipe but they have to open my ceiling to do so. The walls also need to be openned and treated for the mold. Can I have the upstairs owner pay for the damage on my property caused by their leaky pipe?


Asked on 9/17/03, 9:56 pm

3 Answers from Attorneys
Donald Holben Donald R. Holben & Associates, APC

Re: property damage

I believe you certainly have enough information to move forward with various activities. I would first call an attorney to get direction. Call in the right expert to investigate, get samples, etc. Be happy to discuss. 800-685-6950

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Answered on 9/18/03, 4:47 pm
Michael Olden Law Offices of Michael A. Olden

Re: property damage

oy vey -- what a can of worms -- before i could advise you i would need to see you insurance policy to see what it covers --- what you need is an attorny to sort this out legally for you, write letters of demand and possibly litigate, file law suits to determine who is responsible for what --- merely because the upstairs condo didn't intend to do something they still may be responsible as well as the condo assn insurance carrier -- i am in the s.f. bay area at 925-945-6000 if you wish to consult with me.

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Answered on 9/17/03, 10:11 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: property damage

I am inclined to think the upstairs owner is the responsible party, whether or not the damage was intentionally done. This is a mixed real estate and torts question. If you don't get a definitive answer, you might re-inquire under a torts (negligence) heading and see what those folks think.

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Answered on 9/18/03, 2:48 am


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