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Right to drain a balcony onto another in a Calif Condo California

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  • Right to drain a balcony onto another in a Calif Condo California

    I have a california real estate law questions.

    I own a condo unit in a new building. I have a first floor 1000sf exterior deck. The building is set back in a way that the two floors above that have standard balconies drain the balconies onto our deck. I have no issue with rain water draining off the decks above onto ours however the third floor unit allows its dogs to urinate on their exterior deck (which per the CC&R's your not allowed to leave animals on the balconies) and the consistantly wash the deck off onto ours. We have two very young children that play on the deck and needless to say i don't need huge puddles of water and urine on the deck. We've tried to discuss the situatiion but the unit owner seems to feel he has the right to wash off his deck even though there is no hose bibs on the deck so he has to actually use buckets of water to do it, and he has stated that he considers it a building defect that the balconies drain onto ours and that some kind of drainage system should either be installed by the HOA or the building developer. I'm in the construction business and the sheet drainage off the balconies is typical and again - i don't mind rain but i do mind someone washing off his balcony and especially someone washing it off with urine on it. What is my legal standing on this issue. There is no easement in place for the units above that i'm aware of on my Title. Any thoughts?