Legal Question in Real Estate Law in California
Per CC&Rs;, my HOA is responsible for maintaining the roof, gutters, and downspouts. However, homeowners are responsible for the exterior walls and maintaining a weather tight seal. The HOA has recently replaced the roof, gutters, and downspouts. The gutters are faulty in that the majority of the rain water is directed to one end of the gutter, where the rain water overflows, and runs alongside the exterior wall of my house. This basically creates a deluge of water down against my wall, covering one window and front door. There is damage now to the window casing and door, and water is leaking into the house. I've contacted the HOA to repair or replace the gutter, but they refuse to do so saying that nothing is wrong with the gutter when they have NOT even come out to look at it yet. While getting them to cover the damages to the interior of the house may be out of the question because of the weather tight seal clause in the CC&Rs;, am I able to do something about their refusal to replace the faulty gutter?
1 Answer from Attorneys
You have a variety of legal remedies available to you. Furthermore, if their defective work damaged portions of the structure you are responsible for maintaining, unless you have not properly maintained the exterior they are responsible for that too, regardless of the maintenance clause, just as if you were not in a HOA development and defective construction on your neighbor's property damaged your house. Weather tight does not me "must withstand a deluge of water directed not by weather but by defective gutters."
Rather than take legal action, however, your simple answer may be to make a claim on your homeowner's insurance for the damage to the exterior areas you "own" and damage to the interior.
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