Condo Damage – Damages for Annoyance and Discomfort

If you’re a condo owner who’s unit has been damaged by common pipe or roof failures, and the HOA or insurance carriers are taking their sweet time to repair common areas or compensate you for repairs, you could also be entitled to damages for Annoyance and Discomfort caused by the Nuisance created.  Many of our clients are forced to live in a virtual construction zone while the HOA takes their time deciding when and how to deny the claim or otherwise obstruct repairs.  California Civil Jury Instruction Number 2031 states that if the jury decides that the plaintiff (owner) has proved a nuisance caused by the defendant (HOA), then the plaintiff may recover damages that would compensate plaintiff for the annoyance and discomfort, including mental anguish, caued by the injury to the peaceful enjoyment of the property.

Many of our lawsuits against HOAs include a nuisance claim because the owner is prohibited from making repairs since the repairs usually include common area repairs or action by the HOA.  Thus, if an owner is forced to live in a unit that is in disrepair due to the HOA’s conduct or inaction, the HOA may be liable for annoyance, inconvenience and mental distress.

If your condo or townhouse has been damaged by water intrusion or other common area failures, contact one of our HOA Dispute and Condo Damage Attorneys in Los Angeles for a free consultation and case evaluation.