What is an HOA’s responsibiltiy for repairs caused be a slab leak?

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What is an HOA’s responsibiltiy for repairs caused be a slab leak?

We had a water leak in our home caused by a slab leak. Our association covered the expense of repairing the leak and covering the walls. It happened in the master bedroom bathroom; they took off the cabinet a vanity and discarded them. They are saying that I’m responsible for replacing the cabinet, vanity and the flooring. Is this proper or legal?

Asked on October 21, 2011 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

There is no general answer to this: it depends entirely on the following things:

1) Under your HOA agreement, who is resonsible for what costs? It is legal for the HOA to be responsible under the agreement(s); it's also legal for them to not be responsible. It depends on the terms of the agreement.

2) Notwithstanding the above, if the HOA (or contractors or employees hired by it) somehow caused the leak, then regardless of who would normally be responsible for these costs, the HOA should be reponsible for any costs it causes you to incur--though you may need to sue them to get the money, if they won't pay voluntarily.

You should probably consult with an attorney, who can evalute the situation and the relevant documents or agreements with you. Also, don't forget insurance--you may have a claim under your homeowner's insurance.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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