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HOA association failed to maintain the roof in our

Customer Question
California condo building properly resulting...
HOA association failed to maintain the roof in our California condo building properly resulting leaks. It took them 3 attemots over 2 weeks to stop the leakage. The HOA repaired and paid for the significant damage to our condo, but it took them 6 additional weeks to do so, while it reviewed the estimates. We had to abate the rent for our tenant for 57n days and the HOA has been unwilling to compenaste us for this.
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: You
HOA association failed to maintain the roof in our California condo building properly resulting leaks. It took them 3 attempts over 2 weeks to stop the leakage. The HOA repaired and paid for the significant damage to our condo, but it took 6 additional weeks to do so, while it reviewed estimates/got approvals etc. We had to abate the rent ($4560) for our tenant for 57 days and the HOA has been unwilling to compensate us for this. What is the likelihood we could recover this lost rent via the small claims court?
JA: What can I say?
Customer: What type of answer is this "What can I say?" Did I not state the question clearly?
JA: Has any paperwork been filed?
Customer: Just exchange of latters
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 2 months ago.Category: Real Estate Law
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Answered in 1 minute by:
10/16/2017
Real Estate Lawyer: Damien Bosco, Attorney replied 2 months ago
Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
Satisfied Customers: 3,173
Experience: Helping you with your legal questions.
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Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

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Real Estate Lawyer: Damien Bosco, Attorney replied 2 months ago

Your question appears to be whether you can sue the HOA for damages because of lost rent from your tenants. Is there anything else?

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Customer reply replied 2 months ago
The question is whether, in small claims court, I would be likely to win a judgement that the HOA should compensate me for $4560 in lost rent resulting from its failure to maintain roof properly, carry out the necessary repairs, and promptly approve and carry out the resulting repairs to our property. To clarify: The HOA paid for the repairs but not the lost rent.
Customer reply replied 2 months ago
I prefer a written answer rather than paying for phone calls.
Customer reply replied 2 months ago
Are you still there?
Real Estate Lawyer: Damien Bosco, Attorney replied 2 months ago

Most cases state that an HOA is not responsible for the lost rent. However, there could be a chance that you could receive some damages depending on the Judge. You would have to show that the HOA was negligent and show the damages you suffered. We can continue to discuss if you would like to do so.

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Real Estate Lawyer: Damien Bosco, Attorney replied 2 months ago

Hello again! I know my answer may not be exactly what you wanted to hear. Checking in to see if you need further help. Your satisfaction is my goal, and I'm happy to answer a related follow-up question you may have. If I have not answered your question completely or missed a question, please let me know and I will attempt to answer it. If you are satisfied with your answer, please provide a positive rating between 3 and 5 stars so I can get paid for the service I provided to you. Best regards.

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Damien Bosco
Damien Bosco
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Category: Real Estate Law
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