Condo Damage – Balconies and Patios – Maintenance vs Structural Repair

Many condos and townhouses include exclusive use patios and balconies.  Often these patios and balconies are the source of water intrusion into the Unit.  When leaks are sourced to balconies or patios, it is important to then identify the cause of the leak and distinguish between failed maintenance  and failed structural elements.  Under California law, and unless the governing documents say otherwise, HOAs are responsible for structural repairs to a balcony or patio and owners are responsible for the maintenance of these patios and balconies.  (Cal. Civ. Code § 4775).  For example, if the owner did not keep a balcony drain clear or in good function and repair, and that drain fails causing water to intrude into the adjacent unit or a unit below, the responsibility would likely be on the owner for repairs.  However, if the drain failed because it is clogged 30 feet down and into the common areas, or if the balcony is sloped or graded incorrectly, then the HOA could be responsible for the resulting damage.

It matters why leaks occur and not necessarily where they occur.  If you are faced with a water intrusion problem and dispute with your HOA or another owner/neighbor, contact one of our HOA Dispute and Condo Damage Attorneys in Los Angeles today for a free consultation and case analysis.