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  1. #1
    Join Date
    Apr 2011
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    3

    Default Condo Association Hired a Contractor With an Expired License

    My question involves a condominium located in the State of: California

    I live in a condo and the unit upstairs from me, due to their negligence/improper maintenance cause water damage to my unit. According to CCR's and point of origin law, they are at fault and responsible for damages. I took them to small claims court and in the process it turns out the initial contractor who came out on an emergency basis to see what was wrong had an expired license. I just got the notification in the mail that I lost my case but the court cannot/will not tell me why. The expired contractor did no work, only made the initial findings. could this be why i lost?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Condo Association Hired a Contractor With the Wrong License

    If your entire theory of liability was, "Even though the person did no work and I suffered no injury, the condo association hired somebody to do an initial assessment who had an expired license," you would have lost because you didn't identify any harm that resulted from the condo association's actions. (Even assuming you proved that they were negligent in hiring the contractor, which isn't a given.)

    For us to be able to explain the outcome, you need to tell us what happened.

  3. #3
    Join Date
    Apr 2011
    Posts
    3

    Default Re: Condo Association Hired a Contractor With the Wrong License

    somehow the title of my thread was changed. the condo assoc. did not hire anybody everything was done by me

    and the expired contractors only did the initial assesment, not the work

  4. #4
    Join Date
    Apr 2011
    Posts
    3

    Default Re: Condo Association Hired a Contractor With an Expired License

    Full story: There is no homeowner's insurance involved as in this case it is recomended and not required (hard lesson learned here) HOA has a blanket policy that covers common areas ect..but not issues such as this which was caused by negligence/improper maintenance. Upstairs unit's shower and bath fixtures were not sealed and or caulked. they had a hand held shower attachment so every time they sprayed the fixtures, water was leaking into the space behind their shower wall, down through the cutout between their bathtub (which accomodate their tub drainage pipes) slowly saturating the insulation as well as the sheetrock which enclosed my shower. Massive amounts of mold behind the walls, as water worked its way into the drywall from behind the walls ultimately causing leaking into my unit.

    Per my previous post, our CCR's and the "point of origin" law clearly state since it was caused by negligence that it is upstairs owner's fault. In the small claims case they brought up the fact that the contractor who came out on an emergency basis to determine the problem had an expired license, unbeknownst to me when i had them come out. They did NO work, only determined what was wrong. Could this be the reason I lost?

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