Condo Damage – Rain And Roof Leaks

If you live in an HOA and share walls with other units, you also share a roof.  By definition, if a component or element of the building services more than one unit, then that component is going to be a common area component that falls within the responsibility of the HOA.  “Traditional tort principles impose on landlords, including homeowner associations, that function as a landlord in maintaining the common areas of a large condominium complex, a duty to exercise due care for the residents’ safety in those areas under their control. See Ritter & Ritter, Inc., Churchill Condominium Ass’n, (2008) 166 Cal. App. 4th 103, 119 (Emphasis added.)

In our Condo and Property Damage cases wherein the culprit is a failed roof, we often encounter push-back from the HOA that the leak was over “only your unit” and therefore “owner” responsibility.  Such a position runs contrary to the law and likely the CC&Rs.  Moreover, part of the assessment you pay goes to insurance that typically covers an owner’s loss to person or property “incident to the use of common areas” and would cover water damage from a roof leak.

In these instances, HOAs are not acting as a fiduciary but rather, trying to pass the expense of the repair, or insurance premiums and deductibles, onto the owner. Our HOA Dispute and Condo Damage Attorneys in Los Angeles will evaluate your claim and fight for your behalf.  More often than not, our owners have loss of use, personal property and attorney fee claims, along with the cost to repair.

Don’t go it alone.  Talk to one of our Condo Damage Attorneys today for a free case evaluation.