Legal Question in Real Estate Law in California

repeated water damage to my condominium

Seven years ago, I bought my condo and every winter since then the bedroom has flooded. The HOA had not listened to me nor tried to resolve the problem. Last year the flooding was so extensive they had to tear my bedroom down and rebuild it, leaving me and 2 cats living in a motel for about 3 months. This venture of theirs has run me to the verge of bankruptcy as everything was damaged, new computer and they discarded my bed. Now they are saying too bad about my loss and I am still sleeping on my sofa. Am I entitled to reimbursement of any kind? By the way, I lost my insurance because this also.


Asked on 6/27/01, 2:35 pm

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

Re: repeated water damage to my condominium

This may be an HOA responsibility, or it may be yours, or it may be a third party's. Your question says nothing about the cause of the flooding. Well, obviously I suppose rainfall is the cause, but why is the rainwater finding its way into your unit? Is the landscaping or paving to blame? The roof or gutters? The storm drains? Is a nearby creek overflowing? Does a design, construction or maintenance defect in your unit contribute? These are facts a lawyer would have to know to assist you. Also, what position has the HOA taken on the liability issue?

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Answered on 7/02/01, 6:50 pm


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