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  1. #1
    Join Date
    Jun 2019
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    1

    Default Legal Advice for Damaged Property

    My question involves a consumer law issue in the State of: California

    I am renting out a condo in the Bay Area and a few weeks ago, the gutter along side the outside of my condo was damaged. When this happened, the water from the gutter leaked into the ceiling and walls which have now led to black water mold.

    It took the HOA about one week to repair the gutter, which they claimed was a quick turnaround. Now, they are also claiming their insurance carrier does not cover the water damage done to the ceiling and walls.

    They called a local contractor to test the level of mold that has built up, and its not looking good. But to take things further, they plan on sending the invoice to me to pay for the assessment.

    My insurance also claimed this type of damage falls outside of my coverage policy, which I do not agree with.

    It feels like the insurance companies expect me to pay out of pocket. Any advice?

  2. #2
    Join Date
    Oct 2006
    Posts
    15,281

    Default Re: Legal Advice for Damaged Property

    Quote Quoting Leoyua
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    My question involves a consumer law issue in the State of: California

    I am renting out a condo in the Bay Area and a few weeks ago, the gutter along side the outside of my condo was damaged. When this happened, the water from the gutter leaked into the ceiling and walls which have now led to black water mold.

    It took the HOA about one week to repair the gutter, which they claimed was a quick turnaround. Now, they are also claiming their insurance carrier does not cover the water damage done to the ceiling and walls.

    They called a local contractor to test the level of mold that has built up, and it’s not looking good. But to take things further, they plan on sending the invoice to me to pay for the assessment.

    My insurance also claimed this type of damage falls outside of my coverage policy, which I do not agree with.

    It feels like the insurance companies expect me to pay out of pocket. Any advice?
    I agree that interior damage is likely not the responsibility of the HOA. By your statement "renting out" am I to assume that you are the owner of the condo? If so, you are ultimately responsible for repairing the damage. I am a bit surprised that your insurance is denying a claim.

  3. #3
    Join Date
    Nov 2013
    Posts
    6,220

    Default Re: Legal Advice for Damaged Property

    Quote Quoting llworking
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    I agree that interior damage is likely not the responsibility of the HOA. .
    Why not? Assuming that the gutter is a common element of the building, the HOA is responsible for its maintenance. It is that failure that caused the damage to the interior of the unit. It was not something that happened in the entirety of the unit that caused the damage.


    Quote Quoting llworking
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    By your statement "renting out" am I to assume that you are the owner of the condo? If so, you are ultimately responsible for repairing the damage. I am a bit surprised that your insurance is denying a claim.
    It's a good guess that OP is an owner that is renting since that is what they say. If the damage was caused by the tenant or by some problem in the unit, it may be the responsibility of the owner. This problem was caused by a damaged gutter (damaged from what we do not know). How is that the responsibility of the owner?

  4. #4
    Join Date
    Jan 2006
    Posts
    38,535

    Default Re: Legal Advice for Damaged Property

    Barring contractual language laying liability on the COA, I wouldn't think the COA is liable for any individual elements issues unless negligence can be assigned to the COA.


    Cal. Civil Code 4775(a):
    HOA and Owner Maintenance Responsibilities.(a)
    (1) Except as provided in paragraph (3), unless otherwise
    provided in the declaration of a common interest development, the association
    is responsible for repairing, replacing, and maintaining the common area.

    (2) Unless otherwise provided in the declaration of a common
    interest development, the owner of each separate interest is responsible for
    repairing, replacing, and maintaining that separate interest.

  5. #5
    Join Date
    Jul 2018
    Posts
    1,300

    Default Re: Legal Advice for Damaged Property

    Quote Quoting Leoyua
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    I am renting out a condo in the Bay Area
    Assuming you're talking about the San Francisco Bay area, you have my condolences. Next to New York City, that's probably the worst place in the U.S. to be a landlord.


    Quote Quoting Leoyua
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    the gutter along side the outside of my condo was damaged.
    How did this happen?


    Quote Quoting Leoyua
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    Now, [the HOA is] also claiming their insurance carrier does not cover the water damage done to the ceiling and walls.
    I take it by the way you phrased this that you don't believe whomever told you this. Is that right? If so, why do you not believe it? Have you read the HOA policy at issue?


    Quote Quoting Leoyua
    View Post
    My insurance also claimed this type of damage falls outside of my coverage policy, which I do not agree with.
    Why do you disagree with this? What provision in your policy do you believe provides coverage? Has your insurer issued you something in writing regarding the lack of coverage? If so, what provisions did the insurer cite (either coverage provisions or exclusions)?


    Quote Quoting Leoyua
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    It feels like the insurance companies expect me to pay out of pocket. Any advice?
    Needless to say, we haven't read your policy. Do you have a standard condo owner's policy or did you buy a landlord's policy or any other increased coverage.?


    Quote Quoting Leoyua
    View Post
    Any advice?
    The only valid advice you can get from anonymous strangers on the internet is to consult with a local attorney. You'll need one with experience interpreting insurance policies.

  6. #6
    Join Date
    Mar 2013
    Posts
    16,871

    Default Re: Legal Advice for Damaged Property

    Quote Quoting Leoyua
    View Post
    a few weeks ago, the gutter along side the outside of my condo was damaged. When this happened, the water from the gutter leaked into the ceiling and walls which have now led to black water mold.
    How did the gutter get damaged?

    What kind of insurance policy do you have on the condo?

    Need both answers to discuss coverage for interior damage.

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