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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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Who is responsible damages done to condominium unit if

Customer Question

who is responsible for the damages done to condominium unit if damaged is caused by exterior concrete and windows that have been know historical problem in the building .
Owners insurance policy paid for water damaged floor twice and refusing to pay again for the same repeating damage.
thank you
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 9 months ago.

Dear Customer,

Liability for damages due to defects and maintenance issues are broken down between the owner and the association depending on whether or not the damage occurs in the "separate interest" or the "common elements."

Your HOA's CC&Rs, by-laws or other governing documents will have specific statements regarding what is regarded as separate interest vs common element. But if there is no such clause, the default for separate interests in multi-unit buildings is that the separate interest includes everything from the "studs in, and the floor to the ceiling" (So the homeowner is responsible for the drywall, floor finish, ceiling finish, and all of the interior fixtures).

Based on what you have posted - damage is caused by "exterior concrete and windows" - I would speculate that this is going to be the HOA's responsibility, but you need to confirm with the governing documents for your HOA specifically.

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