Subscribe to Blog

Your email:

Follow Us

Looking for answers?

condo association blogCan't find the answer you're looking for?  Ask your question here and we'll post it in our blog.

Browse by Topic

Most Popular Posts

Condo Association Management Blog

Current Articles | RSS Feed RSS Feed

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

Posted on Wed, Apr 06, 2011 @ 06:10 AM
  
  
  
  
  
Add to delicious  delicious  
  
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..
Tags: , ,

Comments

This is why it's important to read the condo documents BEFORE buying the units...It should tell you who's responsible for what.... 
 
And also check with the condo Insurance Agencies to find out their rules on damages.... 
 
Posted @ Wednesday, April 06, 2011 7:57 AM by KELLI2L
P.S.= when your home has a basement it is always wise to buy and install a sump-pump.... 
 
Posted @ Wednesday, April 06, 2011 7:59 AM by KELLI2L
The drains are in walls that are almost certainly common property. Maintaining them is the responsibility of the condominium, not the individual owner. It follows that the walls and the damage resulting from the damaged walls do not fall to the owner. I am not a lawyer but that's the way I understand it. I'm interested to hear other views as well. 
Katherine Hewitt
Posted @ Wednesday, April 06, 2011 8:27 AM by Katherine Hewitt
You need to read your governing documents. Many CC&Rs a written in a way where an association is responsible for fixing common area problems, but not responsible for any damage resulting from it, unless you can prove negligence.
Posted @ Wednesday, April 06, 2011 9:03 AM by Zhenya Rozinskiy
The Bylaws do govern who is responsible for what and who insures what. Many Bylaws, in Missouri,state the homeowner is responsible for any improvements & betterments made since they purchased the unit and sometime, the inside drywall. My assn. is responsible for everything except the homeowners personal property and dedicated bldg items, such as garage doors, front doors, etc.
Posted @ Wednesday, April 06, 2011 10:26 AM by DBelt
IMO - I would think the association should do what needs to be done on the outside (drains, etc.) to prevent future occurrences if in fact the drains are common property. If that includes a sump pump, perhaps that portion of the cost can be shared with the homeowner. Once the association has done the best that can be done, any problems beyond that would be an 'act of God' and the homeowner would be responsible - exactly why your insurance company won't cover it!
Posted @ Wednesday, April 06, 2011 12:51 PM by c
Post Comment
Name
 *
Email
 *
Website (optional)
Comment
 *

Allowed tags: <a> link, <b> bold, <i> italics