CA Condo external water damage

[AEGee]

What is the name of your state (only U.S. law)? CA
I have a condo within a small 8 unit property. My unit is two levels with the bottom level being sub terranian. Recently CA has experienced major (for us) weather with rain and winds stronger than normal. My unit experienced water coming inside from the external sidewalk area down the internal walls. Management sent HOA insurance inspector out who originally stated that it was their responsiblity but that the deductible must be paid by me. My insurance adjustor came out and did acknowledge the damages but stated that it should be paid by the HOA's policy. Managment Co has declined that senario. It's only about 3k worth of damage but my 2nd concern is making sure it doesn't happen again during this "el nino" period of CA weather.

1. How can I force the management co to have the HOA's policy perform the work and cover the deductible?
2. How can I protect myself from future water damage due to external - common area (sidewalk/flashing/waterproofing) malfunctions?

Any advise, appreciated.

 

[festival]

Is the subterranean level actually within the boundaries of your unit as defined in your governing documents?

Was all the damage to your unit (as defined in your docs), or was some damage to the common areas?

Do your documents require the association to carry insurance on units?

Does your association have a written policy for how to handle the deductible that is applied consistently to all unit owners? Ask for a copy.

Call your own insurance adjuster and tell him/her that the association's insurance is not paying, and you want to be reimbursed for the damage. Your insurance should pay you and go after the association's insurance if they can.

Your insurance is supposed to cover situations like this, regardless of the association's insurance (assuming that the damage was to your property/unit and not the common area).

The first time something like this happens, the association may claim they are not negligent. The second time it happens they can't claim they are not negligent. Write a letter to your association board (I would skip the management company) informing them of the problem with the water penetration, and letting them know that any future water damage is negligence and must be paid by the association since the association is responsible for maintaining the common areas.

Disclaimer: I am not a lawyer and don't live in California, but I have been through a few of these.