QUESTION

California HOA - Pipe leak in shared wall - Interpretation of CC&R

Asked on Oct 08th, 2015 on Residential Real Estate - California
More details to this question:
A pin hole in a pipe that delivers water to my unit caused water damage to my unit and my neighbors. This pipe is installed vertically and likely delivers water to my upstairs bath. The hole was roughly 3 inches above the slat. The pipe itself is not accessible from my unit, as it is located behind my stairwell. Issue: the neighbor claims I am responsible for her damage. The HOA claims they hold zero responsibility. My insurance claims the HOA is responsible. I've placed a copy of the CC&R on dropbox here: https://www.dropbox.com/s/3yq6vi4wghqde4e/Southern%20California%20HOA%20CCR.pdf?dl=0 Definitions and pages of interest: Common Area - 4 Unit - 11 Fire and Casualty Insurance - 24 (what the HOA is responsible for = Comn area) Repair & Maintenance - 30-32 (what the owner is responsible for = Unit) The way I read this, yes, the owner is responsible for plumbing in his UNIT. However, the definition of unit seems to exclude common area, which would be the wall we share. Thoughts?
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1 ANSWER

Estate Litigation Attorney serving Redlands, CA at Price Law Firm, APC
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This sounds to me like it is the responsibility of the HOA.  Your unit includes basically the inside walls of your unit.  Everything else is common area.
Answered on Oct 09th, 2015 at 9:23 AM

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