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Water backed up through my condo kitchen sink from a clogged…

Customer Question
Water backed up through...

Water backed up through my condo kitchen sink from a clogged common area drain pipe and damage my cabinets, floors and walls, who is responsible the Me or the HOA

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state the association is in?

California

Lawyer's Assistant: Has any paperwork been filed?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The HOA management company out water remediation Person

Submitted: 11 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
9/9/2017
Real Estate Lawyer: ScottyMacESQ, Lawyer replied 11 months ago
ScottyMacESQ
ScottyMacESQ, Lawyer
Category: Real Estate Law
Satisfied Customers: 18,171
Experience: Licensed General Practice Attorney, Texas
Verified

Thank you for using JustAnswer.

I'm sorry to hear about your situation. It's the HOA's responsibility. A recent California case, Affan v. Portofino Cove Homeowners Association, Inc., No. G041379, (Cal. App. 4th October 29, 2010), involves an interesting issue of liability for resulting damage and contamination to the interior of a condominium unit related to a sewage back-up. California Civil Code section 4775(a) makes the association responsible for “repairing, replacing, or maintaining the common area,” unless otherwise provided for in the declaration of a common-interest development. The association is also responsible for insuring the common property or else it would not be able to file an insurance claim in the event of a large repair or disaster. That would create an undue burden on titleholders who would have to pony up for the expenses on top of all the other fees they pay. The owner's own property insurance would not cover expenses that are the responsibility of the association.

So in short, the HOA is responsible, plain and simple.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

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Real Estate Lawyer: ScottyMacESQ, Lawyer replied 11 months ago

Did you have any other questions before you rate this answer?

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Real Estate Lawyer: ScottyMacESQ, Lawyer replied 11 months ago

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions).

If you can't see the stars, you may need to scroll up / down / left / or right to see them. This is where you rate so that the question will close out.

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Real Estate Lawyer: ScottyMacESQ, Lawyer replied 11 months ago

Hello?

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Real Estate Lawyer: ScottyMacESQ, Lawyer replied 11 months ago

Can you see on your screen where you need to rate it? Note that you may need to press a "submit" button after clicking on the appropriate star rating. This is what I'm waiting on from you. Thanks!

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Real Estate Lawyer: ScottyMacESQ, Lawyer replied 11 months ago

My apologies, but I must assist the other customers that are waiting. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time (~30 minutes) and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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