Legal Question in Real Estate Law in California

Who's Responsible? Home Owners Association or Owner of Unit?

I'm a owner of a townhouse,5units & a victim of the recent L.A. storms. I noticed a stain in the ceiling of my guest bedroom after the 1st. rain,I was not the only unit with water stains in the ceiling and contacted the HOA, all agreeded that I should get 3 estimates for a new roof and have a meeting.Between getting the estimates and the meeting I had major water damage from subsequential storms,Second floor carpet soaked,hole in ceiling etc. etc. etc. I called our insurance co.for the HOA to see if they covered the damage & they advised me that my damage was not covered,due to the damage was lack of maintance an old roof, lack of repair. At the HOA meeting when I presented the HOA with the estimates (5), I was out voted an they wanted to wait till summer to make the repairs hopeing that roofer's will be cheaper. Meanwhile the HOA hired a handiman to patch the roof and put up tarps, but I continued to get more and more rain damage. I cannot afford to put in a whole new ceiling in my guest room, if the roof of the building was replaced when I 1st called it to the HOA'S attention, I would not have to have my ceiling replaced. Who is responsible for my new ceiling ME or the HOA? PLEASE HELP!


Asked on 3/06/05, 8:13 pm

1 Answer from Attorneys

Donald Holben Donald R. Holben & Associates, APC

Re: Who's Responsible? Home Owners Association or Owner of Unit?

While I can only be sure by looking at your CC&R's, etc, me expectations are that the HOA is responsible based on damage to roof, etc. Call to discuss further.

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Answered on 3/07/05, 4:15 pm


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