Legal Question in Real Estate Law in California

Condo management and board are governed by the CC&Rs;. However, if that document doesn't go into specifics such as how timely are maintenance or repair issues addressed or what criteria need to be met for a issue to be considered taken care of. For example, there is a leak because it has been raining and they take their time to address it for whatever the reason while you are incurring damage to your property. Are they able to call all the shots even though their services are in exchange for monthly dues?

Asked on 8/06/21, 1:16 am

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

The short answer is, "Yes." They are liable for the damage to your property, so long as you take reasonable steps if any are available to minimize the damage. If they want to allow the damage to worsen before they fix it, and increase their liability to you, they are entitled to do so. As long as their conduct is "reasonable," and not in violation of the CC&Rs;, they call the shots. What is "reasonable" is as vague as it sounds, and there is no way to tell for sure if they are being "reasonable" under the law until a judge says they are or are not acting reasonably. Your only recourse, other than being a "squeaky wheel," is to seek a court order that they are not acting reasonably and should be ordered to commence repairs.

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Answered on 8/07/21, 3:48 pm

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