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Leaking roof, bucket in the bathroom - who is responsible?


Question:

leaking-roofWe are a small condo building in New Jersey. with 5 units. There was a leak on the roof that started April 2014, and multiple repairs have been attempted, but the leak is still there.

We are also having issues with the roofer that we are trying to work through (via our management company).

However, my question today is about the responsibility of the repairs due to the leak. I live on the top floor of the building, and every time it leaks, I put a bucket under the spot that leaks in my apartment to catch the rain.

So far, this has been working for us. However, my fear is that one day it'll rain, and I won't be home to put a bucket to catch the leaking water. And water will damage the apartment downstairs (which has no damage so far). If that happens, will it be my responsibility to repair that damage, or will it be the condo assoc's responsibility since it's a roof leak, and therefore a condo association issue?

On one hand, I feel it's the condo association's responsibility, because the leak comes from a common element (the roof).

However, given that I'm aware of the leak (it's been there for a year now), should I take on the responsibility of making sure it doesn't cause further damage?

Also, it's not possible to leave a bucket there all the time, because the leak comes down in the middle of our small bathroom. It's not possible to use the bathroom normally if the bucket is right in the middle of the floor. 


Answers (6)

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