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Legalese Question (Condo Association)

R

Reel

Diamond Member
I had a leak coming in from my window that started almost immediately after I purchased my condo in January. After a lot of visits from a contractor that the condo uses, we thought we had it fixed. It didn't rain for a while and then a couple weeks ago it really poured and water came in through the window again. Now, the floor of my second bedroom smells of mildew and perhaps the carpet is ruined. I contacted the manager hired by my condo association and he claims that the association has no liability for the interior damage caused. They have paid for the exterior repair though because it was in a "Common Area" which is covered by the association.

In the Declaration of Condominium, it states ?The Association shall repair incidental damage to any Unit resulting from performance of work that is the responsibility of the Association.? Does that imply to anyone else that the association is liable for the carpet cleaning or replacement as necessary?

 
Contact the head of the HOA and ask them to resolve the issue. If you don't get a positive response contact a real-estate attorney; it sounds like you have a valid claim.

BTW document everything such as your calls, letters, visible damage, subsequent action or inaction, dates, etc.
 
Originally posted by: RKS
Contact the head of the HOA and ask them to resolve the issue. If you don't get a positive response contact a real-estate attorney; it sounds like you have a valid claim.

BTW document everything such as your calls, letters, visible damage, subsequent action or inaction, dates, etc.
Click to expand...


Winner.
 
I have the same problem. Gutter on the roof is broke so water just runs down the side of the building. They claim no responsiblity for that.

They want me to replace windows. I also gotta replace some drywall too. I told them why should I replace when they won't fix the gutter. We will get back to the same situation later.

Right now, I just duct tape that window when it rains and cover it with some plastic sheets.

EDIT: Oh yea, it's been 3 months and there are still no common area lighting. It went out one day and they say they can't fix it. Lame. What can I do as a homeowner?
 
Originally posted by: brtspears2
I have the same problem. Gutter on the roof is broke so water just runs down the side of the building. They claim no responsiblity for that.

They want me to replace windows. I also gotta replace some drywall too. I told them why should I replace when they won't fix the gutter. We will get back to the same situation later.

Right now, I just duct tape that window when it rains and cover it with some plastic sheets.

EDIT: Oh yea, it's been 3 months and there are still no common area lighting. It went out one day and they say they can't fix it. Lame. What can I do as a homeowner?
Click to expand...

Since real estate laws differ please consult an attorney in your jurisdiction.

While you cannot withhold any rent I 'think' you maybe able to inform your landlord/HOA of your situation and inform them that all future rent will be placed in an escrow account until the problems that are caused via defects in the common area are resolved.
 
Originally posted by: RKS
Contact the head of the HOA and ask them to resolve the issue. If you don't get a positive response contact a real-estate attorney; it sounds like you have a valid claim.

BTW document everything such as your calls, letters, visible damage, subsequent action or inaction, dates, etc.
Click to expand...

Thanks. That is my plan. I just am not sure that a real-estate attorney would end up being worth the money since it might be as much as the repair in the end.
 
Originally posted by: RKS
Originally posted by: brtspears2
I have the same problem. Gutter on the roof is broke so water just runs down the side of the building. They claim no responsiblity for that.

They want me to replace windows. I also gotta replace some drywall too. I told them why should I replace when they won't fix the gutter. We will get back to the same situation later.

Right now, I just duct tape that window when it rains and cover it with some plastic sheets.

EDIT: Oh yea, it's been 3 months and there are still no common area lighting. It went out one day and they say they can't fix it. Lame. What can I do as a homeowner?
Click to expand...

Since real estate laws differ please consult an attorney in your jurisdiction.

While you cannot withhold any rent I 'think' you maybe able to inform your landlord/HOA of your situation and inform them that all future rent will be placed in an escrow account until the problems that are caused via defects in the common area are resolved.
Click to expand...

Well, surprise, they fixed the lights finally. I have a lot of time with the roof now, as it doesn't rain much at all from now until the end of summer.
 
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