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Ask CalAttorney2 Your Own Question
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I have not been able to rent ,insure ,sell ,repair or use my

Customer Question

I have not been able to rent ,insure ,sell ,repair or use my unit for 3 years due to ongoing plumbing leaks and mold. A special assessment was collected to repipe the entire
first floor to fix the problem. The money is in the bank but the Board refuses to repair the plumbing however they have made several other repairs to things damaging other unit owners units. The plumbing is a common element which brings water to all the other units from the main line through my unit. Can I sue for loss of rental income and repair of the
dry wall and mold removal?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

Yes, these subsequent damages should be recoverable as they are calculated damages (loss of use) "proximately caused" by the HOA's failure to repair.

My best advice to you on this matter is to retain a lawyer. It is very likely that your Association has an attorney's fees clause (also called a "prevailing party" clause) in the governing documents, which means that you can recover the costs of retaining a lawyer to sue them if you win. Hiring a lawyer at this point is prudent - you have been put off for 3 years, and you are being treated "arbitrarily and capriciously" (also called "selectively") and hiring an attorney to represent your interests is generally worthwhile at this juncture.

You can find local attorneys using the State and local Bar Association directories, or private directories such as;; or (I personally find to be the most user friendly).