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Condo association refuses to pay for water damage caused by neglect

  
  
  
  
  
I live in a small condo complex (24 units) in New Jersey. Last February I had damage in the interior of my condo because of a leak. A roofer came and assessed that the damage was probably caused by clogged gutters. At the time, I was informed that the gutters had been cleaned and that I could go ahead with the repairs within my unit and that if the leak should return that the complex would pay for any interior damage. Last week we had heavy rain and the leak returned once again causing damage to my wall. I informed the maintenance company and asked that they send someone over to repair the damage. I was informed that over the summer a letter had gone out to unit owners explaining that because of a tight budget the complex would no longer be responsible for interior damage caused by leaks from the roof. Is this legal? Can they force me to enter into a cycle of constantly having to repair damage inside of my unit which is cause by clogged gutters that they should be maintaining?

Comments

Responsibility should be specified in the Master Deed as well as the insurance policy for the HOA.
Posted @ Thursday, December 30, 2010 2:47 PM by Cindy Neuman
No question association responsible for damage on the inside of your unit as a result of leaks resulting from problems with roof. I had similar problem and with no question association had roof problems corrected and at their expense had painter correct the interior. Currently going to court as association ignored problems with window sills that resulted in deterioration of frame etc Suggest you also take pictures of interior in case you may have to go to small claims court.
Posted @ Thursday, December 30, 2010 3:26 PM by Bob Gross
*Disclaimer; I am not a lawyer* 
 
A tight budget doesn't mean shirk your duty to the homeowner and unless your bylaws are a one page document that says "We are not responsible for anything" the Association is responsible to fix your water damage. 
 
 
Posted @ Thursday, December 30, 2010 4:17 PM by Victor
I am sorry to hear about your unit. The association is definitely responsible for the damage to your unit. The board owes a fiduciary responsibility to all of the condo unit owners and should step up for you. I had my gutters and skupper clog and freeze as a result of no maintenance and the result was a damaged ceiling and carpet cleaning to the tune of $1,500 worth of damage and the association picked up the entire bill. I live in Nevada, but I think all condo assoc. are responsible for damage resulting from neglect of maintenance issues. Good luck to you. John
Posted @ Thursday, December 30, 2010 10:01 PM by John
Yes - keep pictures and emails. I'd also certify/register a letter if you don't get a response. We just came into our garage and the unit above one parking place is leaking and the owner of the first floor unit is claiming it's the second floor unit's fault. Can't wait to see this play out. The management company is wasting our money by sending out a handyman to check it out. Lame.  
 
But we're getting slowly. The Board brought in an attorney to our annual meeting to explain to owners what "their/his" interpretation is of our by-laws. And what "shall" versus "may" means. Our master insurance policy agent wouldn't handle us again - so w have a new insurance agent and a new company - same carrier. We were told at our annual meeting that the only change was that our D & O has gone up. Hmm. A couple of us know why - but noone else questioned it. Am told that even though the master policy has been in effect since 12/1 that the property management company doesn't have a copy and it will take about another month to get one there.  
 
Good luck and stand up for your rights.  
 
Happy New year.
Posted @ Friday, December 31, 2010 11:46 AM by mary
I live in a condo that sits between a unit below me and another unit above. I recently had water damages to my newly remodeled bathroom and the water came from the unit above me. The owner of that unit rents it out, and my neighbors are their tennants. The water damage was the result of the tennants spraying water on a badly deteriorated wall next to their shower/tub. There is also no caulking anywhere in their bathroom. The wall looks like someone took a shotgun to it. It's that bad. I've claimed with my insurance company, with a request to seek my $500 deductible. Who should pay my deductible, me, the HOA's insurance, the owner's insurance, or the tennants themselves?
Posted @ Monday, December 12, 2011 11:21 AM by Barry Cameron
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