HOA Disputes – Equitable Servitudes Can Be Used Against HOA For Its Failure to Maintain Common Areas That Damage Separate Property

HOAs are responsible for the maintenance of Common Areas. An HOA’s failure to maintain a Common Area component, (such as sanitary sewers, roof, siding, plumbing, etc…) often times causes damage to a homeowner’s separate interest Unit. Sometimes, CC&Rs are silent regarding repairs to a homeowner’s unit caused by Common Area failures. However, California Courts have applied the Doctrine of Equitable Servitude in compensating a homeowner for damages sustained as a result of an HOA’s failure to maintain Common Areas. The California Court of Appeal for the Fourth District in Affan v. Portofino Cove Homeowners Association, (2010) 189 Cal. App. 4th 930 held that the HOA was liable for breaching an equitable servitude to indemnify plaintiff homeowners for their casualty loss and awarded plaintiffs their remediation and restoration costs as damages when the Common Area sewers backed up and flooded plaintiff’s separate unit.

If you are a homeowner subject to CC&Rs and have an issue with your HOA, contact one of our HOA Dispute Attorneys in Los Angeles for a free consultation and case evaluation.

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