Legal Question in Real Estate Law in California
Real estate property damage
The improvements my upstairs
neighbor put into their condo has
damaged my condo in San Diego,
CA. They installed hard flooring, not
allowed under the HOA's CC&Rs,
they installed some plumbing
features in the kitchen that have
overloaded the system in place in
the building, causing massive ,
constant flooding of my kitchen,
ruining my flooring, my cabinets, my
tile counters, and my plush
carpeting in the dining area at $45
per sq ft. The management
company has been told about this
over a year ago; all they do is send
plumbers that fix the clog, but the
problem returns. The new owner
has created an even worse
situation where flooding is daily.
The management company says
they will send a plumber, but this is
not going to solve the problem or
pay for the damage already done.
The noise levels from the neighbors
due to the hard flooring , which I
also have been consistently
complaining about, also has not
met with any assistance from
management. This is strictly
forbidden in our own CC&Rs. Is
there any legal recourse I can take
against either the nieghbor or the
HOA/Managment for the damage
and devaluation of my property?
1 Answer from Attorneys
Re: Real estate property damage
You may have a cause of action against the HOA for not enforcing the C&R's. What type of kitchen modification was done and was that against the C&R's also? Contact me directly.
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