Legal Question in Business Law in California

You will have to sue the HOA and prove it is liable. Also, did you make a claim under your own condo insurance policy?

Why do they claim no-responsibility? You may want to make a specific demand prior to suit. For a demand letter with authority stating liability, or for full representation, contact me directly.

An attorney will tell you the first step is to file a claim under your own condo insurance policy. They will likely go after the HOA to recoup whatever they have to pay you. Consult with an attorney in your area for specific advice and help.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

The advice to make a claim under your own insurance is correct. I also know exactly why they are disclaiming responsibility, and they are wrong. I have litigated a number of these cases where failure to maintain common areas causes property damage inside condo and townhouse units. HOA always points to the deeds and CC&Rs;containing provisions allocating responsibility for property damage based on where in the structures it occurs. That's all fine and good if the damage isn't either party's fault, but an HOA can't escape premises liability that way. Hopefully your own insurance will take care of things for you, though you still may need to go after your deductible. If your insurance covers it and you just need help getting back your deductible, feel free to call or email and I'll give you some tips on small claims recovery at no obligation. If you don't have insurance or they won't cover you, I'd be happy to discuss how I might assist you more formally. I do maintain an office in Carlsbad to serve southern California clients.