Does My California HOA Have to Pay When Its Contractor Damages My Home?
People who live in HOAs often ask who has to pay when the HOA’s landscaper, painter, plumber, or other vendor or contractor damages their home or personal property (e.g., their fence, gate, pipes, roof, landscaping, or the belongings inside their home). In this episode, attorney Michael Kushner, California’s #1 homeowner-side HOA lawyer in California, explains when your HOA has to pay for damage its contractors or vendors cause and when you can go after the HOA, the contractor, or both. What You’ll Learn in This Episode: ✅ How Civil Code §§ 1714 and 2338 help you determine who you can sue if the HOA’s landscaper, painter, plumber, or other contractor damages your property. ✅ How the legal concept called “privity” decides which claims you can only bring against your HOA and which ones you can bring against its contractors.✅ Whether you can sue your HOA’s management company for ignoring you.✅ How the law treats damage to your walls, windows, and pipes differently from damage to your grandmother’s armoire, your piano, or your paintings. THE FIVE GEMS FROM THIS EPISODE: 1. The contractors your HOA hires are doing the HOA’s work.2. Sometimes you can sue both the HOA and the contractor, and sometimes only one.3. The law treats your home differently from your personal belongings (i.e., your stuff).4. “Privity” means being a party to the contract.5. Breach of contract and negligence are different claims, and which one applies decides whom you can sue. HELPFUL LINKS: “Is My California HOA Responsible When Its Contractor Damages My Home?”https://mbkchapman.com/california-hoa-contractor-damage-fact-sheet/ 🎧 📞 If you enjoyed this episode, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount. DISCLAIMER: This content constitutes attorney advertising. The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions taken or not taken based on the information provided in this podcast. This communication does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. ABOUT: Michael Kushner created and taught the systems now used by the biggest law firms in the state focused on HOA litigation. Managing partner of MBK Chapman, and author of the best-selling book, HOA HELL, Kushner teaches homeowners how to fight their bad HOAs and win. 💥 Amazon [https://tinyurl.com/tx47hmvn] | Barnes & Noble [https://www.barnesandnoble.com/s/hoa%20hell] #HOAcontractor #HOAplumber #HOAlandscaper #HOAdamage #DavisStirlingAct #CaliforniaHOA #badHOA #HOAHell #HOAlawyer #HOAattorney 🔥 HOA Hell Attorney Michael Kushner, California’s #1 homeowner-side HOA lawyer, shares real legal tools to help homeowners fight back and win against Bad HOAs.👉 Got an HOA nightmare? Submit your question at [email protected]. Or learn more about your rights as a homeowner by visiting: https://www.mbkchapman.com/fact-sheets. 📲 Follow us on:Instagram: @mbkchapmanpc YouTube: HOA HellLinkedIn: https://www.linkedin.com/company/mbk-chapmanFacebook: https://www.facebook.com/MBKChapmanX: https://x.com/MBKchapman Reddit: https://www.reddit.com/r/hoa_hell/
