Legal Question in Real Estate Law in California
Water leak inside a condominium ceiling
I live in a split-level condominium complex consisting of 12 attached units. I recently noticed water was leaking through the ventilation fan in my downstairs bathroom. The bathroom is located beneath my kitchen. I called a service technician to determine the source of the water and it was determined the source of the water was not within my condominium. He thoroughly checked my icemaker connection, dishwasher, sink drain connections and all water sources in the kitchen. It was his conclusion that the water was coming from a loose drain connection within the ceiling between floors, but he could not be sure without opening up the ceiling.
I was once told that everything from the paint forward into my living area was my responsibility and everything within the walls of the condominium is ''common area''. Is this the case? Who is responsible for opening the ceiling and repairing the leak? Obviously, I am concerned about water damage and possibly a mold infestation.
The HOA Board of Directors and property management company are very resistant to accepting responsibility for ANYTHING and often do not even respond to service and repair issues or requests.
Can you clarify who would be responsible for this repair.
1 Answer from Attorneys
Re: Water leak inside a condominium ceiling
By default, the Civil Code requires the HOA to maintain the common areas while the owners maintain their separate interest (the condo) and any exclusive use common areas (usually a balcony or parking space). However, maintenance obligations can be changed by the CC&Rs in a different manner. You may also need to read the condominium plan to determine where the common area actually ends and your condominium begins.
While having the owners be responsible for the "paint forward into the living area" is the most common approach, it is not the only approach. Therefore, you should contact a local real estate attorney with eperience reading CC&Rs who can render a more specific opinion.
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