Condo Q&A

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

Written by stephen polinsky | Wed, Apr 6, 2011 @ 11:10 AM
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..