Do We Finally Have an Answer to the Age Old Question: Is the Association liable for damages to a unit when the roof leaks?

(maybe...)

By Steven S. Weil, Esq.

The facts in this LA case, Sands v Walnut Gardens Condominium Association, are simple. Pipes on the common area roof leaked causing water damage to the owner's unit. According to the manager's trial testimony the Association performed no preventative maintenance even though it would have been desirable; he said the roof and pipe had not been inspected or maintained in years. The CC&Rs required the Association to maintain the project “in first class condition”.

After presentation of the evidence but before the case was submitted to the jury, the Association filed a “non suit” motion. It basically said the case should be dismissed even if all the evidence presented was true because that evidence failed to show there was a breach of contract or negligence. While the trial court granted the motion, the appellate court reversed. It suggested that the utter failure to inspect or maintain might have been enough for a jury to conclude (and without expert testimony) that the Association breached the CC&R “contract” requiring maintenance to a first class condition standard.

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