HOA Dispute Attorney – Can Equitable Servitudes Be Used When An HOA Fails to Maintain Common Areas And Causes Damage to Separate Property?
In community living situations, a Homeowners Association (HOA) is responsible for maintaining Common Areas. If an HOA fails to properly maintain Common Areas, which includes sanitary sewers, roof, siding, plumbing, etc… this neglect can cause damage to an individual homeowner’s unit.
In some cases, CC&Rs do not specifically address who is responsible for repairs to a homeowner’s unit if damage should arise due to an HOA’s failure to maintain common areas. In California, however, the courts have applied the Doctrine of Equitable Servitude. This approach ensures compensation for a homeowner who’s individual unit sustained damage due to an HOA’s failure to properly maintain Common Areas, regardless of whether the governing CC&Rs specifically address this issue.
In Affan v. Portofino Cove Homeowners Association, (2010) 189 Cal. App. 4th, the California Court of Appeals found that the HOA was liable for breaching an equitable servitude to indemnify a plaintiff homeowner for their casualty loss. As such, the homeowner was awarded the cost of remediation and restoration following the backup of a Common Area sewer that flooded homeowner’s unit.
Are you a homeowner subject to CC&Rs involved in a dispute with your HOA? Contact Gholian Law’s Los Angeles HOA Dispute Attorneys for a free consultation and case evaluation TODAY.