Legal Question in Real Estate Law in California
I have water damage in my townhouse, it has lead to mold in the floors and the walls. my HOA said that they would pay for the replacement of the floors. but now have backed off. they also sent workmen over to the home to take away the mold, but did not test it to see what kind of mold it is.
are they liable for replacement of the floor? are they liable to find out what kind of mold is in my home and if there is are they liable to at least assist in paying for the damage?
3 Answers from Attorneys
Do you have homeowners insurance? If so you should turn the matter over to your insurer, and let them sort out who pays for the damage. If you do not have homeowners insurance you need to engage counsel to review the rights you have under your deed and the CC&Rs;that impact the townhouse.
You do not provide any facts that make it clear that the HOA was responsible. We would need to know how the water damage occurred. You would be better off to at least get a consultation with an attorney or two.
I agree with both previous answers. If you have homeowner's insurance, contacting your insurer is an obvious first step. Also, liability for the water damage will almost certainly depend upon which party had responsibility for inspection and maintenance at the point where the leakage occurred, although I suppose it's also possible that an installation contractor might be held liable.
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