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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118763
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I have a recurring plumbing in my unit originating from the

Customer Question

I have a recurring plumbing in my unit originating from the common wall area from the unit upstairs and non-maintenance from the pipes in the common area in the garage. I recently had a backed up sink and over flow due to this problem and told by the HOA manager that I will be reimbursed for the entire amount; however I was only reimbursed for 1/3 of the amount I paid by the HOA. What are my rights?
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: California
JA: Has any paperwork been filed?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: The person who did the repairs stated that the pipes in the common area of the garage needs to be replaced and this will continue if its not.
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If the damage was caused by common area pipes then the HOA is liable for the payment of the whole amount and if they are not paying you have a right to sue the HOA for the remainder of your damages. If the HOA is claiming some of your damage is caused by the upper unit property, then you would have to pursue the upper unit owner for some of the reimbursement. However, if as you were saying the plumber told you it was from common area pipes and the HOA will not pay all the damage, you would be able to sue the HOA for the balance of the damage they have not paid for.

You need to make a written demand on the HOA for the remaining 2/3 and if they do not pay, you will have to file suit in court against them for reimbursement for the damages.

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