Source of water damage in condo structure...HOA will not investigate

[Scottster]

What is the name of your state (only U.S. law)? California

Water leaked into condo wall for long time (unseen due to cabinets against wall in dining room)...finally noticed when carpet was wet in dining room. Discovered neighbor had left water on in planter box, which touches wall (damage was also caused by rain over time). My insurance company sent out plumber, and him and I discovered this when we had neighbor put water back on in planter box, and water was seen streaming back into my dining room.

During mold restoration (handled by my insurance) , both my insurance company and my neighbor's insurance company said to contact HOA. Both insurance companies state HOA s are responsible for investigation, and for repair of leak source, as it appears to be in wall, foundation, slab, or some other common area. Even if neighbor were to be found partly or fully liable (her insurance), she or her insurance company can not arrange actual investigation or repair. HOA sent letter to neighbor to state that she was fully responsible for damages and that HOA had no involvement. HOA never investigated (beyond sending their own plumber out), and wont respond to contact efforts. Repair phase to my condo can not proceed. PrePaid Legal sent letter, HOA must respond by Saturday the 6th. Note that neighbor has recently discovered there is water damage on cement walls in her garage (lime deposits on walls from water coming in during rainstorms, and during watering of her plants...same time I get water in my dining room).

I could try getting a lawyer through PrePaid Legal (discounted) or some other source.
I could also try a local media consumer advocate...are these my only options? Are all of us correct in statement that HOA must investigate, and HOA must make repair arrangements?
All I want to get done is have the source of the leak stopped, and then my insurance company can continue with the replacement phase of work in my unit. My insurance company wants to know who is responsible and recoup payment from them, but after repairs to my unit, repairs that are now halted because of fear of new damage from rain, etc. (I have tarps down in planter area on neighbors planter box, and towels on floor in torn up dining room to prevent spread of water should it reenter).

[FarmerJ]

Fair odds are that if a answer is not recieved say by tuesday /weds (in case of mail delivery delays) then your going to have to use the services of a real estate atty and sue them to get compliance.

[DoRight]

The source of the leak is your neighbor's planter box. It touches your wall and the water is leaching into the wall, damaging the wall and allowing water to stream into you home.

The planter box needs to be removed, the level of the ground brought down so it doesn't touch any part of your wall.

Can you tell us why you (and the insurance companies) think the HOA is responsible for investigating the leak? And why do you feel the HOA is responsible for fixing the leak? I also don't understand the reference to "other common property."

[Scottster]

Water entering the neighbor's planter box also enters my unit (and in a newer discovery, also enters her garage along wall, with large puddling of water, and lime stains on her garage wall).

The walls/structure are common property and not the responsibility of either homeowner (or their respective insurance companies) to investigate or repair...that is the HOA's responsibility to handle. *However*...if the neighbor caused the problem by how the planter box was built, she (or her insurance) could be held liable to pay after the leak source is repaired. My insurance company will of course want to know what party or parties were responsible after they finish handling interior repairs to my unit.

I initially felt that the planter box leak into my unit was just like you described...but with the new discovery of how water has been entering her garage too, this may be something more serious. I hope it isn't a slab or foundation issue.

My HOA just responded positively today and is sending out a building contractor tomorrow to investigate.

[DoRight]

Ah, I see. Thanks for the clarification re: common property. Glad to hear the HOA has responded; hope the problem turns out to be a minor one.