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Owner thinks condo association board under-compensated for water damage

  
  
  
  
  

condo water damageI own a condo in a small 20 unit condo association, located in Ohio. My basement was flooded after a hard rain some time ago and water was actually standing 3 feet high in between the drywall on 3 walls. My carpeting was also destroyed in my fully carpeted 1500 sq ft. finished basement. I was traveling at the time and came home to find the mess about a week later.

About a month later, the condo association's property management company rented equipment to fix the drains around several buildings and also discovered the window well (?) around my basement window was eroded. It was replaced and 2 drains that were clogged at my unit, were repaired. The gutters around my unit are always full of debris. Several other units were damaged and those owners were compensated. My request was denied.

As an owner, do I have a right to see the condo association's books to find out how much other owners were compensated and what other expenses are paid for the good ole boys club here? I have made 2 requests in 7 years and both have been denied.

I have 30 foot high, half dead, and diseased monster shrubs that have taken over my 10x10 cracked concrete back patio slab that have made it impossible to use. I have never once been able to use it since I bought the unit. Meeting minutes discuss other unit owners receiving what I believe are not necessary, new trees, shrubs, deck repair, new decks etc. I just want my basement fixed and be able to grill a burger outside! Help...anyone!?

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Comments

First lets start with the condo association. Is it self managed or do you have a management service? 
 
Next if you are being denied the copy of the books you need to just send one certified letter to the board asking for thhe copy of the financial reports, and checking account. (Be specific) on what you want and are looking for. Some places charge per item! Next give them 30 days and if you don't receive a copy of what you are looking for, then send your 2nd certified copy. This is important to keep acutal dates of being sent. After the 60 days notice you will then go to a lawyer and explain to them the outcome. When you go to the lawyer make sure you take the condo by-laws and declaration along with you, along with pictures and any information you may have. Now the bushs on your patio. If it states in your by-laws that they are to be maintained by you then you have to pay someone to cut them. If it is their responsibility then they are in violation of the rules. 
 
Now you will ask how do I know this. Because it happened to me with spouting and by darn it does work. Scare tacitics does work and I am sure you will get response before getting to a lawyer. Good Luck and don't be afraid of stirring up the waters.  
 
As for the inside walls I do believe your insurance company can guide you as to who is responsible for them. Have a nice day now and get moving you have some work to do.
Posted @ Monday, June 14, 2010 9:23 AM by s.
Thank you so much for your response and advice. I will give it a try! 
 
One more thing, my insurance company will not cover any basement flooding problems. If I do need to pursue the legal route (at least with the basement issue) do you know what the statute of limitations is in the state of Ohio?
Posted @ Monday, June 14, 2010 5:04 PM by J
Actually I live in a condo but there is nothing under me but dirt.However on the other side of me is 2 floors with access to a basement where we can store things in cubby holes that are closed off with locks. If we would have water damage in there I do believe that the asscoiations insurance is responsible for any and all losses. 
 
It states in our by-laws they are responsible for this. Again you need to read and re-read your by-laws section for your state or look them up on the internet. 
 
It does sound that you will need a lawyer to help you out, and make sure that you have your lawyer get you re-imbursed for any and all fees that you pay him. I am sure you will win your case against their insurance company. Be prepared for at least a 2 year wait if you do so. Lawyers are not cheap and they certainly are quick to settle. 
 
Take pictures and make sure you have all your eggs in that basket before moving forward for I will guess they will fight you to the end. Try getting a free consultation first and use the advice in your letter to the association, sometimes that may work before you get the lawyer for real. Just tell the association that you have seeked legal council and they advised you to give the association a chance to resolve within 30 days. If you don't get any response to them, then send them another letter (certified) everthing gets sent certified for proof, saying you are now getting that lawyer and they will be responsible for your cost. Remember to dock everything you do. Good Luck and hope things work out for you.
Posted @ Tuesday, June 15, 2010 9:29 AM by s
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