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Is condo association or owner responsible for water damage to unit?

Posted on Thu, Jun 16, 2011 @ 06:59 AM
  
  
  
  

I own a condo in a building in Chicago and we had a big rain storm and the building's storm drain was inadequate to handle the amount of water coming from the roof and the water has backed up into my second floor (none on the first floor) condo and my hardwood floors were destroyed. This is the second time this is happening within 3 years. First time the damage was $400 and I did not make much fuss nor did I make a claim with my insurance. I replaced cheap destroyed carpet with hardwood floor out of pocket. I did let the building know that is happened and that there is a problem with my unit being connected to the storm drain. However this time the damage is much bigger (estimates range from $4500 – $5500) and I am not paying myself this time. The Condo management company is being very hard to deal with and claim that this is typically unit owners responsibility. Who is responsible for the damage? My flood ins policy covers $2000 damage and have a deductible of $500. Do I have to pay $500 deductible + over $2500 that insurance won’t cover) or should this be paid by the association? Their master insurance covers common areas, and the exterior of my unit including drywall but not the flooring. However in the light that this is clearly not my fault, and that they had known about this problem 3 years ago and had not done anything to resolve it I believe the condo assoc should pay from their reserves fund. There is not point in me paying to fix this if I am going to get flooded next time major rain comes. Please advise

16 Comments Click here to read/write comments

Who's liable for a flooded basement - condo association or owner?

Posted on Wed, Apr 06, 2011 @ 06:10 AM
  
  
  
  
I own a condo in a small community of 116 units. 12 of the units have finished basements which the original owners paid an additional $10K for in the purchase price. As a result of a crushed footing drain, my basement and my neighbors unit flooded twice in one week during the heavy rains and snow melt of early March. The Property Management Company did have the water removed, however, now they are stating it is NOT their responsibility should this happen again. As we are not in a flood zone my insurance did not cover flood nor did the Condo's policy. It is my responsibility to replace the rugs, molding etc. I would like assurances that flooding will not occur again. An engineer suggested placing pumps in our units. The Condo Association states it is not their responsibility. They have repaired the footing drain on the one side of the building but have not even looked at the drains on the other side, this is the side where the water first entered through the foundation. They are also saying because I have a finished basement its not their responsibility. I don't think they are doing a thorough enough repair. Do I have any legal recourse. Thank you for your help..

6 Comments Click here to read/write comments

HOA neighbor has no insurance to cover water damage he caused

Posted on Thu, Nov 18, 2010 @ 08:15 AM
  
  
  
  
I have lived in my unit for over 15 years, and have one unit above me. Over the past ten years, my bathroom has sustained a lot of water damage from the unit above. the first time it leaked from my shower ceiling, I contacted the HOA who then came over to investigate and wrote a letter to both me and the owner of the unit above, that he was responsible. He fixed it himself, but did nothing to initiate the process to repair my damage. Over the next couple years, there were several leaks, which I told him about, and he supposedly repaired them himself instead of hiring a professional. There was yet another major leak, so I had the HOA back over again and they gave him another letter. Again, no initiative by him to get my damage repaired. Then a couple years ago, there was a major sewer leak. When HOA went up to his place, they indicated to me that there were no seals on his tub around the tile, or floor, the flooring was all curled up from the damage, and they gave him another letter mandating they bring in a professional, and that he was responsible for my repairs. They also indicated that he had no homeowner's insurance. They had to gut his place it was in such bad shape, but it was done by a handyman, not a licensed contractor. Anyway, because of all the other leaks over the years, I waited to make sure there were no more leaks before finally getting bids to get it fixed, but there is another leak. I am now requesting that a professional fix this new leak. I have decided to sell my place and move so this must get this repaired. I went out and got a bid and presented it to him (in hindsight I should have gotten three but thought I was using a reasonable contractor based on referrals). He does not like the cost and asked for another bid, at his choosing. I indicated that I did not think he could dictate to me who I used for estimating, much less set the terms for estimate. I indicated that I will only use someone who is licensed, insured, background checked and their work warranted. I have agreed to get two more bids, and my question is, does he have any say in who I have do the cost estimates? It seems to me that since he has no insurance, and never initiated anything to get the damage repaired, that he has no say. Any comments or referrals to resources on this type of situation is appreciated. I am at my wits end with this guy who keeps stalling. Thank you.

15 Comments Click here to read/write comments

Who is responsible for condo association unit's broken window?

Posted on Sat, Sep 18, 2010 @ 08:15 AM
  
  
  
  
I live in a condo/townhouse that was vandalized. "Broken outside Glass". The public offering statement indicates that the Condo Association is responsible for vandalism. The property management company indicates that they are not responsible for routine maintance. I asked the property manager to put the board on notice. What can I do to get this resolved if the Board and Condo Association refuse to pay. I have all my facts listed in the publication. What type of legal filing would this fall under? Since the attorney fees come from my association fees it seems as though I am going to sue myself. Help can someone provide me with some guidance.

8 Comments Click here to read/write comments

HOA roof replacement project goes against bylaws and fails. Next steps?

Posted on Thu, Aug 05, 2010 @ 05:59 AM
  
  
  
  

hoa capital projectsMy HOA, along with advice from the property management person decided to change the roof on the four model condos. The condos where I live was built by two different builders. The first group of about 40 were build to be the best condos in the state of New Jersey. They were built with all solid wood doors, dual heating systems and air conditioners, 3 1/2 bath rooms, one with whirlpool and my particular condo had 7 skylights. The roof was a GAF Timberline that was guaranteed for 40 years. When the condo was 21 yrs. old, the HOA & management person decided to change the roof and forced us to get new skylights. I fought this but the lawyer that we pay wrote a letter on behalf of the HOA & management company that an engineer said they had to be replaced...she turned out to have a degree in Zoology.

I wrote to the HOA and told them I would not pay for anything that wasn't the same quality. I tried my best to fight against the skylights because I knew our skylights had so many good features and you can only get them today if you have them custom made. The HOA authorized Velux $225 skylights and $100 flashing to replace the $1200 (today's price) skylights I had with copper flashing and about 7 different features. They hired a policeman to make sure no one stopped them. Anyway the old great skylights were replaced and the roof of a different color without our knowledge was replaced with a 50 year Timberline roof/our old roof was a 40 year Timberline roof. I just recently found out that skylights are not supposed to get condensation between the panes of glass and all 7 of mine do. The roofer only charged the HOA $100 to install the new skylights because he is a roofer who needed the work. I am getting charged extra fees from the lawyer because I am the only one who refused to pay for the skylights because they weren't equal but now beside that they are all defective and probably because of installation.

Can I sue the HOA & the management person or the management company, the manager is the wife and owner is the husband for going against our HOA bylaws? They actually went against an engineer's report from 2000 that we paid to have done that said our roof was due to be replaced in 2023. I only can come up with one reason this was done and that was to pad the bill and they could not do it large enough without the skylights changed. I really think this could be criminal but I don't know if I can prove it as the manager's husband does the books. Thank you for any help you can suggest.

4 Comments Click here to read/write comments

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