Legal Question in Real Estate Law in California
I am the owner of an upstairs condo complex. I was taking a shower and the neighbor informed me there was water damage caused to his unit. Upon further inspection it appears that the drain pipes located in the downstairs neighbor's unit are the ones leaking. Since the drain pipes are all connected water from my unit fell to his. The neighbor feels that I am responsible for damages but I feel otherwise.
3 Answers from Attorneys
You and your neighbor, and the homeowners association, might report it to your respective homeowners insurance carriers and let them sort it out and figure out who should pay what to make the repairs.
Well, I would tend to agree with you, or at least think you have a strong case, but a careful review of your documentation, your HOA rules, etc. might show otherwise. If this is a fairly large condo development, I'd suggest bringing this issue to the attention of the manager or the association, to see if it has already arisen and been handled in the contaxt of other units, and to see whether the management has any views on liability, method of repair, applicability of insurance, and so forth. You and your neighbor may not be alone.
If you live in a true condo complex, the pipes in the walls belong to the HOA, and they are responsible.
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