Legal Question in Real Estate Law in California

Water Leak, Condo Management and assoc not returning calls,

My Condo unit had a leak from the ceiling about 2' from the wall. Damaged both ceiling and floor. The management company wanted to prove it was not their fault, first by trying to place blame on unit above, then by trying to blame our unit (testing window for leaks).

After 2 months of test we get a letter that states there is no conclusive evidence of where the leak came from, and further more, they are not sure our unit even leaked (it was pretty obvious two months ago with a bubble in the ceiling). They will not do anything

I tried to call, they will not return my call.

I tried filing a claim with their insurance, they told me they had been instructed to not make a claim.

Left a message via Mgmt co. for the board pres to call me, has'nt, but I have no way to know he got message.

Will attend this evenings Bd. Mtg. tonight.

How many laws are they breaking? I know I can go to small claims.

I can not find direct contact info for the board.

Their not responded a violation?

Their not acting in good faith (i have loads of evidence that it leaked, and they only pulled this position after they coudl not prove they were not at fault)?

What laws have the broken and what is my recourse options for them?

Thank


Asked on 3/24/08, 4:33 pm

3 Answers from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Water Leak, Condo Management and assoc not returning calls,

This is not a criminal matter but a civil matter. You have no particular leverage other than a lawsuit. Get the repairs made. If the cost is less than the small claims limit, that's where you go.

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Answered on 3/24/08, 10:00 pm
sean novick The Sean Novick Law Group

Re: Water Leak, Condo Management and assoc not returning calls,

Hello,

Please contact my office for a free initial consultation. www.seannovicklaw.com

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Answered on 3/24/08, 5:19 pm
Ryan P. McClure The Law Offices of Ryan P. McClure

Re: Water Leak, Condo Management and assoc not returning calls,

Since the source of the leak appears to be coming from the common or shared walls and not from within your residence then the condo master policy should cover any resulting damage. However, most condo master policies require either one or more board members to submit the claim and will not allow a community member to file a claim. Water damage claims in a condo can be tricky to handle. You might want to consider making a claim to your own homeowners policy if you haven�t already. I think it would be advisable at this point to seek a consultation with an attorney that handles these types of matters.

Feel free to contact my office.

http://www.rpmcclurelaw.com/

Good Luck!

LEGAL NOTICE: The information presented in this e-mail should not be

construed to be formal legal advice nor the formation of a lawyer/client

relationship.

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Answered on 3/24/08, 6:03 pm


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