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HOA Software
By CondoAssociation.com • October 3, 2018

Suing condo association over water leaks

I have two separate water infiltration problems. I will try to make it short and to the point, If there is more info needed just ask and I 'll try to accommodate.

At the beginning of 2016, I notice several problems in my entryway. I noticed front entry door jamb rotting. My front door would become hard to open and noticed cracking in my ceramic tile. Cracking went from the front door across the entryway floor under the staircase to the side wall. Board said the door was my problem but it was the association problem because the siding above had a big gap that allowed water in that rotted out my door. Finally, the association replaced my siding [two stories] on the entry door wall. I notified them that water was coming in from the new siding that wasn't installed properly {no flashing]. They basically ignored me on this and still isn't repaired to this day.

In November 2016 my staircase wall [where the crack went to] blew out from the staircase to the ceiling. Notified the board which did nothing till I went to the next unit that attaches to this wall and saw they had issues that's when the board called the insurance company. Insurance denied the claim because of rotted siding and no maintenance. So the board told me it was my problem and should go to my insurance company. So during this time the slab was sinking so I called a foundation company, I had to open up the blown-out drywall for them to see. So in looking there was a bee's nest in the wall with water damage and mold. Insurance also saw the open wall and listed mold in their report. At the beginning of 2017, I notified the board that I would take them to court over all the damages. Well before I could fill they filled a lawsuit against me for parking my pickup in my driveway. I did counter but dropped it in December to get the Truck issue out of the way and bring a bigger suit this year.

So I have a lawsuit against the association and two board members for all the damages and the health issues.
After the truck issue ended the board patched the side wall which I thought stopped the water. The entire board tried to resign at a meeting and they were told one had to stay on to set up a new board. So still from 2016 front wall leaks when it rains or snow melts. As I said side wall was repaired but a few weeks ago I look during a storm and saw water coming in and notified the new board.

So side wall repair is the only thing done since 2016 but it still is leaking and the front wall has never been repaired.
So my question is even though I'm taking them to court does the board still have a fiduciary duty to stop the leaking?

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Please note that blog comments and postings are not legal advice, rather only the opinions of our readers.
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