Legal Question in Real Estate Law in California
Who is responsible for payment of repairs for damage
My condominium was recently flooded as a result of leaves and debris covering a drain in the common area, which caused water to back up into my unit. Who is responsible for payment of expenses incurred to repair water damage to my carpeting? Thank you.
2 Answers from Attorneys
Re: Who is responsible for payment of repairs for damage
typically maintenance of common areas with due care are covered by your home owner's association. from the facts given, that would be your best entity to pursue legally at this stage. if you would like further assistance, contact me with more details of your case.
Re: Who is responsible for payment of repairs for damage
The place to start is the HOA's or condominium's bylaws and rules, to see if there is specific reference to maintenance of common areas, and if so, whether that sheds any light on liability for failure to maintain.
If it's still uncertain, the next question is whether the HOA normally performs the maintenance, or whether it's contracted out. This kind of maintenance is probably a 'delegable duty,' which could shift liability from the HOA to the contract gardener or maintenance firm.
Finally, ask yourself, 'was someone negligent?' It could be that what happened was insufficiently foreseeable to make failure to clean leaves actionable negligence. If no one was negligent, there is no one to recover from and you must bear the cost yourself (or through your insurance, if this is covered).
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