There are a lot of questions here. Most of the answers depend on what the association documents (in California, called CC&Rs) say. Usually in condos, the association is responsible for every area that is "common area" and pipes that are in the "common area" and that usually includes everything outside the surfaces of the floors, ceilings, and walls of the owner's "space" (unit. In such a case, the association would be responsible for repairs within the unit if it was negligent meaning it did not fix the common area when told of a leak or did not fix common area pipes when told about the leak. There are a lot of variables here and that is why I cannot give a more definitive answer.
these are questions better answered by a licensed attorney in your state.
There are two policies involved. To get an accurate answere have the claims person fron the association policy and the claims person fron the unit owner read your documents, your policies and explain who covers what damage. There is no single answer
If the roof leaks, water piping, and also for the water line it is the condo's responsiblity to pay for damage. Any damage that happens because of piping in the walls is usually the condo's problem. any thing that must be done with pipes you might want to make sure they use a licensed plumber and someone that knows the building piping.
But it ... Read More is not the condo's responsiblity to pay for damage done by someone elses equipment like the air conditioning. The unit owner of that air conditioning is responsible or they can go to their home owners insurance.
Damage of the type described is generally covered by either the association's insurance policy or the unit owner's homeowner's policy. Neither policy will cover repairs at the origination point (the leaking roof, for example), only the resulting damage to the affected units.
If the problem originates from a common element (the roof, pipes in the walls, whatever your governing docs specify as common elements) the association is responsible. If the problem originates from another unit, the unit owner is responsible. Claims should be filed accordingly.
It can be very difficult to convince an owner to file a claim with their insurance company and take responsibility (as well as pay the required deductible). In Illinois, the association can file the claim through their insurance policy if the common elements are damaged (up to the drywall - which typically happens when there is water damage) and if the problem is found to originate from a unit, the amount of the deductible can be charged back to that owner. The amount is added to the owner's account and the association has whatever remedies are allowed by law to collect it.
If the cost of the repairs is less than the deductible amount, the association is responsible for repairs for any damage originating from a common element. Owners are responsible for repairs for damage originating from their own unit (a leaking toilet, for example). Again, it may be easiest for the association to cover the expense and then charge it back to the responsible unit than for one owner to get another to pay for the repairs.
File insurance claims for any major repairs originating from common elements (the roof, pipes in the walls).
Take care of the repairs and if the problem is found to have originated from a unit, charged the expense (or the deductible) back to that unit. Water damage can cause serious mold problems and the association should be taking the necessary steps to prevent further damage to common elements and other units.
Your association seems to need some help with acting on delinquent owners, as well. Failing to collect for five years is a breach of fiduciary duty. You should speak to an attorney about what can be done to remedy that.
I live in a beautiful condo on the lake but have had problems with flooding. It appears to come during a large rain and enters through the concrete slab--who is responsible for the repair to the slab so it won't happen in the future? If it continues, who is responsible for the clean up?
I would like legal advice concerning a gross negligent brought on by my Condo. Association and Management Company.
I purchased my condo in Sept. 2007 and at the time, I had an inspection done before I signed the papers to complete sale.
At that time, my inspector had written out and emailed his findings which were satisfactory with the exception of the roof over my 2nd bedroom.
I had informed the Condo. Association of the potential problem, incl. emailing the report and pictures taken my by inspector. I was informed that the problem would be rectified concerning the roof before imminent damage could occur.
Fast forward to present, I noticed that my ceiling in my 2nd bedroom is caving in and there are prominent cracks that had appeared.
I again notified my Condo. Association, incl. the Property Management Co. that we had at the time and was told that they would send someone out to access the situation.
Someone did come out (a 3rd Party) retained by the previous Mmgt. Co. who came to look at my ceiling, but, not go to the roof to see if there was damage there.
I was then contacted stating that I was responsible to any and all charges in fixing the damage since it was within my unit.
I then contacted my Home inspector to come back out to reassess my ceiling, incl. the roof and his findings were astonishing.
He discovered through his reading, pictures and experience that my severely cracked ceiling is the result of an improper roof installation and a patch-work job.
I forwarded the newest report over to my Condo. Assoc. and their reply was not favorable.
I would like any and all help with this matter and to hold the Association, incl. the Management Co. responsible for any and all expenses that is incurred upon me.
Thank You for your time,
Sheleda M. Groves
The unit owner's water heater broke and casued water damage and mold to their unit. The unit has been vacant there is a new water heater sitting in the unit waiting to be installed. They never contacted the association about the water heater. They called the association to come in and check out the Kitchen sink for a clog the plumber came in and fixed the clog. While there the owner told the maintenance man that the sink was causing the mold, however acording to the plumber that is not true, according to the plumber the sink never overflowed. Should the association be held responsible for replacing the sheetrock damaged by the mold due to the owners negligence?
I recently had a water pipe break on my patio. The break was below the shut off value so we had to turn the entire units water off for the repair. I called my HOA and they sent a plumber. The plumber stated that since it was below the shut off valve it would be HOA responsibility. A few months later I received a notice that they HOA wants me to pay the plumbing charges as they determined it was my responsibility. How can I verify if it is my responsibility or the HOA's?
I am the President of a condo association and unit owner complains of mold underneath his linoleum in his bedroom. His insurance company say there is water intrusion underneath the ground, we checked with 2 other contractors and they say no water intrusion underneath the concrete slab but water is coming in from sprinklers and smal cracks in patio slab. slab needs caulking and minor windo caulking. Who is responsible for the mold repairs inside the unit? The unit owner or the association? We will fix the outer parts of the condo- slab, sprinklers etc. Isn't the unit owner's insurance company to pay for his mold reparation?
I have termites and my association is telling me that it is my responsibility to have someone come out and spray and I believe if they have sprayed around the foundation as they say they do that I wouldn't have this problem! From what I have red termites come from outside in and I feel it's there problem and not mine! PLEASE HELP!!!!!!!!!!!
I live in a cond and my unit is falling backards and concreate is coming apart from the unit next to mine's. I want to know if i am responsible or is the HOA responsible for getting this fixed
HELP PLEASE! I reported a leak in the ceiling over a year ago. I am on the 6th floor and this is the top floor in this building. How long a wait for repair is beyond reasonable? I keep asking "when?" and keep getting reasons/excuses. The problem has gotten worse. Part of my ceiling is sagging,and moldy. I'm worried about one of the leaks above my TV shorting it out! It is too big for me to move, and there is no other place for it. I've had water damage to a cabinet top. What do I have to do to get my leaks fixed?
Who's insurance should be billed if my TV does get shorted out, or a fire breaks out? -mine? or the Associations? Please give me advice. Thank you.
I relly need a attoney to sue the condo association for negligence. I was doing some renovations to my apartment, when the zoneing and coding inspector came to see the 2 bathrooms and washer and dryer, water heater and A/C unit, they stated that all had to be updated to new coded laws, all pipes water valves and electrical wiring.Since I already had the contractor ,I went ahead and had everything done. So I sent the bill to the Associating in which they stated they will not pay for anthing cause nothing was broken? and I had to advised them of all these repairs?I have only requested what would be fair, the pipes were so old that one of them disinegrated in his hands.I wasn't asking for all of it, only what the contract states of all fixtures inside the walls.I live in FortLauderdale Florida and am ready to go to court if I have to. The renovations alone were almost 35,000.
From what I've experienced every HOA is different. I've had some landlords who've taken care of things like leaky fridges and dirty carpets quickly, while others take much longer. I've never dealt with problems with pluming in Calgary, but I would hope that the HOA would send over some plumbers quick if I needed them!
I live on the top floor of Florida condo. Twice, I have had leaking. My insurance claims it is caused by poor maintenance of the roof. The condo association will only repair to the drywall and leaves me responsible for inside repairs.
Why are they not responsible if I pay my condo fees.
I bought a condo in 2007 and every time it rains it POURS water down on my deck like a waterfall. It's rotting my deck. Association said they went up there and the water diversion is worn out and it's my responsibility to fix it. It has done this from the very beginning I moved in and in the winter forms a huge pile of ice on the deck so I can't even get out my screen door. Aren't they responsible for fixing this?
I live in a second floor Condo In Florida and was going to have laminate floors installed in my Living Rm/Dining area. Unfortunately, when this condo was constructed in 1977 the floor is concrete slabs about 3-4 feet wide and the in between the slabs the concrete filling they poured in is crumbling so now my floor is wavy. I was told by the flooring contractor that in order for me to get a wood/laminate floor installed that the concrete needs to be fixed. Is it my responsibility or the HOA to do that repair to level my floor, because even if I install carpeting eventually that will show the wavy pattern? It's quite expensive to have the second floor concrete floor fixed
Anything that was damaged because of an owner's actions or by not taking action would usually fall on the owner. All other repairs should be taken care of by the association. Anyone needing home repair in Twin Falls, ID should check into http://cristandsonscontractors.com.
I have lived in a condo for almost ten years. Our supposed HOA receives $100.00 monthly in return for nothing. We have never had a meeting, our landscaping is terrible, he is only one person who has never requested a meeting. Whenever we don't pay his fee, he puts a lien on the property. It has been so horrible and such a horrible person to try to work with. What does someone like me do when you need help in a matter like this. Is there a board or comittee that can help me? Please let me know.
Steve: I am sorry are in this situation. In reading this blog I find advice list is: 1) Understand your documents (legally it is common to have at least one meeting) 2) Rally support in a positive way (see other blogs and share with neighbors 3) Weigh how many have similar visions as you do and get elected 4) consult a lawyer and if necessary send a letter under his advisement. And I would dig a bit deeper into understanding financials. Good luck!
Sorry feb 27 2014 9a was not for Steve. I'm new at this. I see it was posted by Debrah.
I think the owner would be responsible for the repair bill. Owners are in charge of everything from the outside paint inwards. If it was their plumbing that caused the problems, they should be in charge of fixing it.
Elisa Jed | http://allrightplumbingandhvac.com
Elisa - Unit owners are not responsible for plumbing that is located outside of the boundaries of their unit unless it can be determined that they caused the damage by their actions or negligence (putting things down the toilet that don't belong, failing to heat a unit that results in frozen pipes).
There is limited plumbing that exists within the walls of a unit. Owners would be responsible for those elements to the extent they can make the repairs without going into the walls.
I was wondering that exact thing Lauren. We recently had some plumbing issues outside our apartment and were curious to whether we were responsible for the repairs. I now understand the difference between being responsible for negligence and natural problems. Now to go talk to our landlord about the repairs.
George Puzo | http://www.blackforestplumbing.com/about.html
I live on a second floor of my condo, at the landing at the top stars the owner stats that the water has come in on there celling below the hoa or my ins want to pay for the damages.
The association wouldn't be responsible for the second floor water damage due to plumbing. It would, however, be responsible for the damages done by the leak in the roof. The roof is usually considered common area and thus any damages done from the roof is the association's responsibility.
Elisa Jed | http://www.scplumbing.com.au
I live on the second floor condo there has been some rain to get in to the bottom condo from the landing who will will pay for the damage.is the landing the responsibility of the hoa
James - Your association's governing documents and state law will dictate who is responsible for the various portions of the building. In Illinois, the association is generally responsible for any damage to the common elements up to the drywall in the units if the damage originates from the common elements. Wall coverings, floor coverings and fixtures are generally covered under the owner's insurance.
If the damage originates from another unit, that owner may be responsible for the repair expense to both the common elements and the adjacent units. However, the association still has the obligation to ensure that the common elements are repaired. They can then charge the expense back to the responsible unit.
Damage to a unit from another unit is something that is often mitigated through the owners' respective insurance policies.
It's not clear to me where the landing is and how water is moving from there to the condo on the bottom floor. A landing to me implies an interior element of a stairway that exists outside the boundaries of a unit. If this is an exterior element, however, in Illinois it could be considered a Limited Common Element that serves a particular unit. If that is the case, the association would have the responsibility to make the repairs but the expense could be chargeable back to the unit owner that the LCE serves.