A homeowner is taking legal action against her neighbors and their homeowners association for alleged property damage due to negligence. Sue Smith filed a complaint in the Superior Court of California, County of Santa Clara, on July 9, 2024, accusing Rollingwood Homeowners Association, Brian Rezowalli, and Amanda Skelton of causing significant water damage to her property.
According to the complaint, Sue Smith owns a property at 2749 Lone Bluff Way in San Jose, California. Her neighbors, Rezowalli and Skelton, own the adjacent unit at 2747 Lone Bluff Way. Smith alleges that in December 2022, the defendants negligently maintained their property, resulting in a severe leak that caused extensive water damage and mold growth in her unit. "As a direct result of the negligence of the defendants," Smith claims her real estate suffered damages that will be quantified during the trial. She also asserts that she was unable to use her premises for an entire year due to this issue.
The second cause of action targets the Rollingwood Homeowners Association (RHA), which manages the development under the Davis-Stirling Common Interest Development Act. Smith argues that RHA failed to fulfill its duty of care by not addressing a destructive water leak and mold problem in the common area. She contends that RHA's negligence has led to increased repair and maintenance costs for her. "Defendant has known about or should have known about the destructive leak and mold," she states in her complaint but claims they failed to take appropriate measures to prevent further damage.
Smith is seeking general, actual, compensatory, incidental, and consequential damages from all defendants. Additionally, she requests reimbursement for reasonable costs incurred due to this situation and any other relief deemed proper by the court.
Representing herself in this case is Sue Smith as Plaintiff In Pro Per. The case will be presided over by judges assigned by the Superior Court of California under Case No. 240442728.