Is the HOA liable for a tenant's personal property being damaged?

[leiakw]

I am a tenant renting a condo in california. About a month ago, there was a sewage backup that flooded the first floor bathroom and also out into my garage. Some of my personal items were damaged as a result. I called my property management office and they referred me to the HOA management as they were the ones responsible for keeping the common grounds (the backup was caused by tree roots). The HOA sent plumbers and water damage restoration out to fix things. I sent a letter to the HOA requesting reimbursement for the damaged items and also the electricity used by the water damage company to dry out the condo.The HOA manager refuses to reimburse me for the cost of the items, she states that I was in violation of the cc&rs by using my garage for storage and that my request was considered "petty". I was told by my property management that I could use the garage for storage and my lease also states that I can store items on the "premises", which I assume to be the entirety of the unit I am renting. What are my rights in this situation? Can I sue for reimbursement in small claims court?

 

[Banned_Princess]

I am a tenant renting a condo in california. About a month ago, there was a sewage backup that flooded the first floor bathroom and also out into my garage. Some of my personal items were damaged as a result. I called my property management office and they referred me to the HOA management as they were the ones responsible for keeping the common grounds (the backup was caused by tree roots). The HOA sent plumbers and water damage restoration out to fix things. I sent a letter to the HOA requesting reimbursement for the damaged items and also the electricity used by the water damage company to dry out the condo.The HOA manager refuses to reimburse me for the cost of the items, she states that I was in violation of the cc&rs by using my garage for storage and that my request was considered "petty". I was told by my property management that I could use the garage for storage and my lease also states that I can store items on the "premises", which I assume to be the entirety of the unit I am renting. What are my rights in this situation? Can I sue for reimbursement in small claims court?

This is a case where it would probably been best for you to have renters insurance.

You can sue for anything you want, but how is it managements problem? they cleaned up, and fixed their property. your property is your problem.

tree roots sound like something going on over a long period, under the ground. how do you think they are responsible for something they didn't know was happening???

 

[leiakw]

"tree roots sound like something going on over a long period, under the ground. how do you think they are responsible for something they didn't know was happening??? "

I was under the impression that they are to maintain the sewer lines....
Also, if they used sent out plumbers, etc. then they must be responsible for the costs of electricity also but they thought it would be fine to drive up my bill instead.

 

[Banned_Princess]

"tree roots sound like something going on over a long period, under the ground. how do you think they are responsible for something they didn't know was happening??? "

I was under the impression that they are to maintain the sewer lines....
Also, if they used sent out plumbers, etc. then they must be responsible for the costs of electricity also but they thought it would be fine to drive up my bill instead.

What??

how much additional electricity? 50$$????

under the impression does not a legal argument make.

 

[leiakw]

$100+ actually. I just want to know what my rights are in this situation. It would be great if anyone can offer some helpful advice.

 

[Banned_Princess]

$100+ actually. I just want to know what my rights are in this situation. It would be great if anyone can offer some helpful advice.

here is some helpful advice.

buy renters insurance.

Although not helpful now. ha ha.

 

[leiakw]

$100+ actually. I just want to know what my rights are in this situation. It would be great if anyone can offer some helpful advice.

anyone other than banned_princess, I mean to say. Thanks.

 

[tranquility]

Without regards to specific requirements of your HOA agreement, the general rule in CA for property liability is negligence. Were they negligent in their actions or not actions in relation to the drainage? Since no one can guarantee a drain will never be clogged, it seems unlikely (based on the OP's facts) he would be compensated for the damage to his property.

 

[leiakw]

Without regards to specific requirements of your HOA agreement, the general rule in CA for property liability is negligence. Were they negligent in their actions or not actions in relation to the drainage? Since no one can guarantee a drain will never be clogged, it seems unlikely (based on the OP's facts) he would be compensated for the damage to his property.

Thanks so much for your response. I'm not sure if I can prove negligence though. All I can say is that there are at least 3 other condos affected by this same thing (tree roots breaking the main sewer line) in different areas of the community and the HOA manager did admit that plumbing issues are an ongoing problem here.

 

[sandyclaus]

As a general rule, the LL (or in your case, the HOA) is responsible for maintaining the property itself (the walls, the structure, the facilities). Anything that you put in or on the property becomes YOUR responsibility to maintain and protect. This is exactly the reason why renter's insurance exists, and why it would have been prudent of you to have it.

The only exception is if your personal property is damaged or destroyed due to negligence on the part of your LL/HOA. And as BP mentioned, if there wasn't an apparent issue with the plumbing that the LL was aware of, they weren't being negligent by not making repairs that would have prevented the sewage backup you experienced. It would be different if they KNEW there was an issue and never fixed it, which was not the case in your situation (at least not that you have shown).

Since you don't have renter's insurance, you assumed the risk - and you assume the loss. Prove that the HOA was negligent, and you can make them pay - otherwise, not a chance.