Los Angeles Condo Damage Attorneys

Is Your HOA Giving You The Runaround? Is An At-Fault Owner’s Insurance Carrier Stonewalling You?

If you are answering “Yes” to these questions, you may be in a fight to get repairs to your Unit done. The law provides that an HOA owes a homeowner a fiduciary duty with respect to their unit and far too often we see potential premium hikes and large water loss deductibles get in the way of an HOA Board making the right decision regarding an Owner’s Unit damaged by common area failures, or failures from within a neighboring unit. The in-wall carriers for the at-fault owner pose additional and often times greater challenges to the Owner-victim of property damage.

We represent Condo Owners in property damage lawsuits against their HOAs and at-fault
neighbors. We know how difficult it can be to navigate through a field of water damage vendors, insurance adjusters, engineers, HOA Board Attorneys, property managers and other owners. We’re here to help you fight for just compensation for your damages and remind all parties that YOUR RIGHTS AS A PROPERTY OWNER ARE NO LESS THAN ANY OTHER OWNER OR BOARD MEMBER.

My Condo Has Been Damaged By Water Coming In From Outside My Unit. What Do I Do Now?

If you have in-wall insurance, you have a contractual obligation to notify your insurance carrier. You are also obligated under the CC&Rs to report any water damage in your unit, even if it originates outside your unit. But owners beware, most CC&Rs include subrogation waivers insurance policies covering HOAs and homeowners.

Subrogation waiver provisions in CC&Rs dictate that regardless of fault, any claims on your in-wall insurance in effect counts against you. In short, your carrier is unable to purse the at-fault party to cover damages. These circumstances are similar to the way insurance company subrogate claims against at- fault driver.

Owning a condo or a townhouse typically means that your unit and ownership is subject to a governing Board of Directors, and a set of governing documents such as CC&Rs, Bylaws and Rules & Regulations.

Meanwhile, the HOA Board and governing documents often work against homeowners seeking to recover damages for plumbing, electrical, structural breaches, and other related issues caused by common area failures. The conflict arises from the fact that it’s in the HOA’s best interest to claim “no- fault” when damage to a homeowner’s unit originates from a common area or from outside the unit, regardless of whether the HOA is liable for negligent conduct. At issue is the deductible and potential rate increases the HOA faces if a claim is filed against the building’s insurance.

Our Los Angeles area Condo Damage and HOA Dispute Attorneys represent homeowners in lawsuits against their HOA for cost of repair damages when their individual unit, or those common areas making up the boundaries of an individual unit, has become damaged due to common area failures.

We also litigate cases against negligent owners. Homeowners are responsible for the conduct and actions of their guests and vendors. When plumbing leaks occur from within another unit and damages units adjacent below, in-wall carriers for negligent owners are quick to blame a “freak accident” or the HOA. The “freak accident” defense is used by the in-wall carrier claim there is no negligent conduct by the owner. We don’t accept the “freak accident” theory as a matter of course. Our approach is exercising subpoena power to investigate the facts and uncover the truth about what really happened. All of which is the opposite of what insurance carriers prefer.

Don’t Go It Alone. Let Us Help!

In actions seeking coverage for repair costs, we fight on behalf of homeowners to reach a settlement that enables them to restore their property to its pre-damaged condition. We also seek compensation for loss of use or lost income and mitigation costs, in addition to compensation for lost or damaged personal property and furniture, moving and storage costs, temporary relocation and housing costs, and attorney fees, when appropriate.

We handle many condo damage cases on a Contingency Fee Basis. No Recovery, No Fees.

If your condo or townhouse has been damaged by HOA common area failures, or by the negligence of an owner – Contact our Condo Damage and HOA Dispute Attorneys today for a FREE CONSULTATION and CASE EVALUATION.