Legal Question in Real Estate Law in California
Condominium Repairs & Liability
A water pipe which runs either into the wall to my condominium unit or under the foundation of my unit is leaking, spilling water into my neighbor's unit and damaging her tile, and carpet. Because the leak stopped when my water was shut off, the homeowners association claims that it is "my pipe" and that I am liable for its repair and for the damages to my neighbor's unit. I have arranged to have the pipe repaired and I will cover my neighbor's damages to a reasonable point, but I would like to know who is liable here. Am I the liable party or is the homeowners association liable? If I pay for repairs and damages now, can I seek reimbursement from the association? I was told that in California, a condo owner is responsible for only that part of the plumbing which is visible within his/her unit, ie. under the sink. All other pipes are common property. Is this true? Please advise and thank you for your time.
2 Answers from Attorneys
Re: Condominium Repairs & Liability
It's probably true, but variations from common practice can occur. What's your property and responsibility versus what's common property and responsibility should be spelled out in the CC&Rs, Articles and/or bylaws you were supposed to receive under the Condominium Act (Davis-Sterling Common Interest Development Act) at time of purchase. These documents would be controlling and you should refer to them; get legal assistance if they are unclear, if you don't have them or if you are sued or threatened with suit.
Re: Condominium Repairs & Liability
You should have a home owner's insurancr policy. Contact your agent to determine if this is covered by the liability portion of your policy. The worste thing your insurance carrier can do is say it is not covered. They may still be obliged to provide a defense to you.
Also if you delay in reporting this to your insurance company, they may deny it as a stale claim.
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