We bought a condo six months ago in California. There is an existing leak in the unit above us caused by both a roof that needs to be replaced and an illegal gas line our neighbor above us installed through the roof. As a result of the leak, the walls in our kitchen were soaked with water and all our cabinets need to be replaced and we are in the midst of mold remediation. There is not enough money in our HOA account to replace the roof and our kitchen. Is paying for this our and the sellers responsibility, the HOA's responsibility, or our responsibility?

First your realtor ( real estate broker) has nothing to do with this what so ever. And it is not the sellers responsibility unless they lied about the condition of the condo.

Did you have an inspection of the home?

But it sounds like it is a law suit against your neighbor and the company that installed the gas line.

Also it is the HOA issue if their problem ( roof) caused the problem. You can also sue them.

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Originally Posted by pjcarmean

We bought a condo six months ago in California. There is an existing leak in the unit above us caused by both a roof that needs to be replaced and an illegal gas line our neighbor above us installed through the roof. As a result of the leak, the walls in our kitchen were soaked with water and all our cabinets need to be replaced and we are in the midst of mold remediation. There is not enough money in our HOA account to replace the roof and our kitchen. Is paying for this our and the sellers responsibility, the HOA's responsibility, or our responsibility?

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Let's break this down a bit. How old is the condo? How old is the Association? There are recent changes in the laws regarding Condo Associations and money delegations. Did you purchase the property in an "as is" condition, or with a guarantee from either the seller or the real estate broker? Did you have the property inspected by a licensed and bonded inspector? Was there anything written into the contract regarding the roof or your neighbor's installation of an illegal gas line? How do you know about the gas line and that it is against code? Some of the answers may make a difference in our opinions.

Condo ASSO and other unit owners. The Realtors have NO responsibility.