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PROPERTY DAMAGE STATUTE OF LIMITATIONS

An owner making a claim for property damage from a water leak must do so within particular time periods or will lose the right to make a claim.

  • The statute of limitations for property damage is three years. (Code Civ.Proc. § 338.)

  • The statute of limitations for breach of contract is four years. (Code Civ. Proc. § 337.)

  • The statute of limitations on an action to enforce CC&R’s is four years from the date of Plaintiff’s demand that the association repair his property. (Cutujian v. Benedict Hills Estates Assn. (1996) 41 C.A.4th 1379, 1388-89.)

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.

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