A San Francisco resident is taking legal action against her neighbors and their condominium association, alleging severe property damage and negligence. On September 6, 2024, Natalie Fawzi filed a complaint in the San Francisco Superior Court against Prabhnit Singh, Harsheen Kaur, and the 1440 Broadway Condominium Owners' Association.
The lawsuit centers around Fawzi's claim that her condominium unit at 1440 Broadway suffered extensive water damage due to negligent renovations performed by Singh and Kaur in their unit directly above hers. According to the complaint, the renovation work began in late 2020 and included replacing a bathtub. By October 2021, Fawzi noticed greywater leaking into her bathroom from the ceiling light fixture. An initial investigation revealed that inadequate caulking around the new bathtub was causing the leak.
Despite temporary fixes, persistent leaks continued to plague Fawzi's unit. In March 2022, contractors discovered another significant leak from Singh and Kaur’s bathtub drain during remediation efforts. This leak had been ongoing every time the upstairs shower was used. The situation worsened when mold tests conducted in June 2022 returned positive for toxic mold, forcing Fawzi to vacate her home immediately.
Fawzi accuses Singh and Kaur of negligence for not properly maintaining their plumbing fixtures and continuing to use their bathtub despite knowing it caused damage. She also holds the HOA accountable for failing to enforce maintenance standards as stipulated in their Covenants, Conditions & Restrictions (CC&Rs). The complaint alleges that both parties violated California Civil Code Sections 4760(a) and 4775(a), which mandate proper maintenance of individual units and common areas.
Fawzi seeks compensatory damages exceeding $250,000 for property damage, loss of use of her home, and additional living expenses incurred during repairs. She also demands punitive damages for what she describes as "extreme and outrageous" conduct by Singh and Kaur in continuing to use defective plumbing fixtures despite being aware of the resulting damage.
The case is set before Judge Marivic D. Viray under Case No: CGC-24-617866. Representing herself in this matter, Fawzi aims to hold all defendants accountable for their alleged negligence and breach of fiduciary duties.