11 ASSOCIATION-HOMEOWNER LIABILITIES

ASSOCIATION-HOMEOWNER LIABILITIES

Note: This page is for informational purposes only and reflects Cascade Gardens' Governing documents (CC&Rs and Bylaws) and state statue

The Association has contractors for common wall plumbing, termite repair, etc. Homeowners should not contract for work which is the Association’s responsibility. Please contact the management company to report any damage to the common area. (Note: Sellers entering escrow are usually responsible for termite inspections; contact the management company immediately to discuss the situation.)

Homeowners are liable for damage they do to common areas, including exclusive use common areas: CC&R, section 2.10 -The owner of each Unit shall be legally liable to the Board for all damages to the Common Areas or to any improvements thereon or thereto, including but not limited to buildings, recreational facilities and landscaping caused by such Owner, his guest or any occupant of such Owner’s Unit.

In case of damage caused by failure of a system for which the Association is liable for maintenance, the Association is responsible for the following:
To restore common areas to their original condition.
To address water damage related problems in common wall areas.
To address any damage that may affect the structure of the building.

If a resident fails to report a major problem they observe and substantial additional damage is sustained, the resident may be responsible for that damage. Refer also to General Issues item #18.

When damage is incurred due to a common area problem, the Association will restore each affected unit as follows: The Association is not responsible for any upgrades made by homeowners (including hardwood/tile flooring/wall coverings). Owners are responsible for Baseboards, Door moldings, Paint/Wallpaper, Cabinetry (including kick boards), removal of wet/damaged materials from unit by restoration contractors, etc. Homeowners are responsible for the cost of temporary relocation while repairs are being performed in their units (see California Civil Code, section 1364(c)).

In case of common pipe flooding, the Association is responsible for replacing or repairing drywall. If needed the Association would also have contractors replace affected padding, and dry affected carpet. The Association is not responsible for replacing carpet if it is unable to be dried or has to be removed/replaced for other reasons.

Note: The Association cannot be responsible for personally supervising contractors working inside individual units. While the Association certainly insists that all jobs be done professionally (by licensed and insured companies), the homeowner should be present to ensure their own satisfaction before the workers leave, to control access to their unit, etc.

Due to the above policies, the Association highly recommends that each and every homeowner carry condominium owner’s insurance covering contents and those items not covered by Association's governing documents.