QUESTION
How do I get HOA to pay for water damage in my condo when the leak originated from the pipes in an adjacent condo?
Asked on Dec 07th, 2015 on Real Estate - California
More details to this question:
I'm an owner of a condo (that shares walls with 3 other condos) and I rent it out to 2 tenants. My unit is 107. On October 21, my tenant discovered water flooding the kitchen floor. Later, he found out that the leak originated from unit 106 (sharing a wall with our unit). The Home Owner's Association (HOA) had their crew to inspect the water leak in my unit and unit 106 and determined that that indeed the water came from unit 106. They placed machines in my unit to dry the floor. About 2 weeks later (around November 10), they came and ripped out the vinyl floor in the kitchen and wood floor in the adjacent living room of my unit. They did not tell or ask my permission before ripping everything out. I repeatedly asked the HOA to replace the floor for my condo and the HOA refuses to do so. When I told them that the HOA is responsible for leaks in the pipes damages to my unit due to the leak from a different unit, the HOA said that it wouldn't pay to replace my floors and said that the
1 ANSWER
Check your CC&Rs. The HOA might be correct, that it is not responsible for damage to contents and interior surfaces of your unit. That's why condo owners should always carry their own HO-4 condo owners coverage.
If the unit next door caused the leak, then the owner of that unit might owe you the money for replacing your floor. You can send that owner a claim for the damage with a copy of the bill for the repair work. If that owner and his or her insurer don't pay, then you can sue the owner. It the bill is less than $10,000.00 you can sue in small claims court, without attorneys.
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Dana Sack
Answered on Dec 28th, 2015 at 11:17 AM