WASHING MACHINE
FLOOD

QUESTION: My neighbor's washing machine hose burst in the middle of the night and flooded my unit and the unit below mine. The board said it's not getting involved because the association was not at fault. I know it wasn't their fault but I think the association still has a duty to get involved. Am I wrong?

ANSWER: There are two rules regarding floods; they always occur when they can cause maximum damage (nights, holidays and weekends), and the other owner will be uninsured. You are correct that the association has a duty even though it did not cause the flood.

Common Areas Affected. The association had a duty because the common areas are affected. Your unit is surrounded by common area walls, ceilings and floors, all of which the association is responsible to repair and maintain. This is true regardless of who caused the damage. Civil Code §1364(a) The board must make sure that everything is dried out as soon as possible so as to avoid mold in the common area walls. If the owner that caused the flood refuses to hire an emergency restoration company, the board should do so immediately.

Assess the Owner. Depending on your governing documents and insurance, the association can assess your neighbor for the clean-up and repair costs. If you or the other two owners delays the water clean-up and wall dry-out process, you will be responsible for all mold testing and remediation costs resulting from your delays. Repair and replacement of hardwood floors, carpet, furniture, etc. will be each owner's responsibility rather than the association's. Each of you will have a claim against your neighbor with the washing machine, but the association has no duty to get involved in your claims.

CC&R Provisions. If your CC&Rs do not have provisions regarding damage and reimbursement, they should be amended as soon as possible. Floods will certainly occur again and the association needs clear CC&R provisions concerning damage, mitigation of damage, and reimbursement of costs. Your association should also consider adopting a program of resizing the lines.

FINES AND LEGAL ACTION

QUESTION: What if a homeowner installed a washing machine without a building permit or HOA approval? Our condo was built in 1954. Our Board would like to prohibit use of the illegally installed washing machine but the owner will not comply.

ANSWER: After a hearing, the board can levy daily fines against the owner until he removes the clothes washer. If he continues to ignore the association, you can go into court to have it removed. It is only a matter of time before the washing machine causes a flood. If the board does nothing and neighbors are damaged by a flood from the washer, the association could be sued for knowingly allowing the violation to continue.

Contact us for a review of your association's CC&R damage, mitigation and reimbursement policies.

Updated by ADAMS KESSLER 8/9/2008