Tag Archives: Damage

Who Pays for Storm-Damaged Gutters Installed by HOA Home’s Previous Owner?

J.D. from outside of Connecticut writes:

Dear Mister Condo,

Gutters were installed by previous owner and we’re damaged by a common area tree from a storm. Who is responsible for replacement and costs?

Mister Condo replies:

J.D., since the gutters were installed by a previous owner it is likely the current owner (you) who is responsible. However, it is certainly worth a call or letter to the Board to report the damage and inquire of the HOA’s insurance will cover the damage, especially if it is particularly expensive. If there is a deductible or the repair doesn’t meet the insurance threshold, you will likely be told it is your expense. Finally, check your by-laws. If there is wording that indicates such damage is association responsibility, you may wish to highlight the language and send it along to the Board along with your request for the repair to be paid for by them. If they refuse and you strongly feel you are right, you might wish to speak to an attorney to get a clarification on the rules. If the Board has refused to pay and the dollar amount is not significant enough to seek further remedy, I would suggest you simply make the reapir yourself and continue to enjoy your gutters. Good luck!

HOA Repairs Handled in Untimely Fashion

T.S. from outside of Connecticut writes:

Dear Mister Condo,

I made a request to repair flashing and downspout to our townhome exterior? How long should it take for the repair to be completed? Unit owners are now responsible for exterior insurance coverage.

Mister Condo replies:

T.S., responsiveness to unit owner requests for repairs is a function of several items at HOAs and condominium associations. If the association is professionally managed, there is usually a process of issuing a work order and then the order being fulfilled, either by the management company or the contractor hired to do the work. In self-managed associations, the process is similar although there may not be as robust a response if the work coordination is handled by volunteer Board members who may need time to bid out the work, hire a contractor, and actually get the work done. In both situations, there needs to be ample money available to pay for the work and there may be some bureaucracy that slows the process. For instance, if the repair cost exceeds a threshold for spending that the management company does not have, say $2500 or more, the repair may need to be approved by the Board at the next Board meeting. Depending on how frequently the Board meets, this could be a significant delay. The job may have to be sent for bid, another process that could delay the repair by months. Finally, if the association is cash-strapped and doesn’t have enough money to pay for the repair, the project could be delayed for quite some time. Your job doesn’t sound too complicated or expensive so my guess is you just need to keep on top of the folks who handle the repair. The squeaky wheel usually gets the grease but be polite when you inquire about the delay. My guess is that the repair should be handled within a few months of the request. If not, write to the Board and ask for an explanation of the delay. Keep on top of them until your repair is made. All the best!

Condo Board Leaves Leaky Roof in Place for 8 Years!

K.P. from Massachusetts writes:

Dear Mister Condo,

I live on the fourth floor of a 4-unit condo. The roof is damaged to the point that when it rains it pours inside my apartment. It has been more than eight years and the condo association will not fix the roof. I stopped paying condo fees and informed the condo association that I was going to save the money to pay for the roof. I have not paid the condo fees for four years. The condo does not call for regular meetings. Two of the other owners had some funds on the condo and they spent it on things that they needed to fix without a voting from the condo association. Now they have a lien on my condo. I have damages in my apartment. Is it legal to not pay for the condo fees and save it for the roof repairs as the condo association has not fixed the roof after eight years of discussion? Can I request that the condo association pay for the damages in my condo?

Mister Condo replies:

K.P., I am sorry for your problems. If you read my column with any regularity, you will see that I never advise any condo owner to withhold common fees for any reason. As you are seeing first-hand, the Board will sue you for those fees and they will win. If you can’t make good on your arrears, you could have your unit foreclosed upon by the association. I hope it doesn’t come to that for you. Assuming you don’t lose your home in this debacle, let’s discuss what you can do to get your unit repaired. First off, hire an attorney. After 8 years, let’s face it, it is long past time to sue the association for dereliction of duty in maintaining the roof. There will undoubtedly be a Special Assessment to make the repair but a lawsuit and judgment against the association will force the issue. Keep in mind that this will cost you as well as the other unit owners a financial hardship but you really have no choice. Hopefully, the threat of the lawsuit will be enough to motivate the association to make the repair to the roof. If not, a lengthy and expensive legal battle will likely ensue. This is a “lose/lose” situation for you and the other unit owners but their ridiculous mismanagement of the roof has lead you all here. Once the repairs are made, I would strongly consider selling and getting out of this potential money pit. If they let the roof go for 8 years, I can only imagine what other nightmares await. There are better places to live. Good luck!

Condo Sheetrock Project Creates Dusty Nightmare for Residents

J.T. from outside of Connecticut writes:

Dear Mister Condo,

I live in a 65-unit owned condo. Our manager refuses to clean the hardwood laminate flooring until the plumbing project is complete. It is covered in sheetrock dust and tracking everywhere in the common areas. What can I do?

Mister Condo replies:

J.T., there isn’t too much you can do as a resident other than complain to the Board to apply pressure to the Property Manager and/or the contractor doing the work. Sheetrock projects generally create dust and a better plan for the project would have included dust control measures. That component was either overlooked or the Board decided to take a cheaper route and not include it. The end result is the messy situation you have right now. Not all projects are as simple as hiring a contractor to do the work. Sometimes you need to think about the side effects on residents. This is a great example of how that lack of foresight lead to a bad living experience for residents. The good news is that “this, too, shall pass” and that the project is likely already over and the repaired area looks great. Remind the Board that future projects should include a plan for dust remediation, even if it costs a little extra. All the best!

Condo Board Unwilling to Maintain and Upkeep Common Grounds

J.W. from outside of Connecticut writes:

Dear Mister Condo,

The association refuses to repair muddy spots in my lawn. They are from the clay dirt and require maintenance.

Mister Condo replies:

J.W., maintenance and upkeep of common areas are the purview of the Board. I assume the area you are describing as “my lawn” is, in fact, common ground. The Board is not actually under any obligation to do anything although most would want the association landscaping to be in good shape so as to increase curb appeal and unit owner enjoyment of the property. If your Board has no interest in the maintenance or upkeep of the property, it is time for a new Board. Perhaps, you would like to serve? Ask the Board to make the repair, not just to the portion of the common grounds that abut your unit but to all of the common grounds. If they are unwilling, find better candidates to serve on the Board and vote the current Board out at your next election. All the best!

Condo Grease Trap Back-up Leaves Unit Owner Footing Amelioration Costs

K.K. from Illinois writes:

Dear Mister Condo,

My condo sustained water damage from a backup in the sink drain line shared by three units, in a three-story building. My unit is on the first floor, and when the exterior grease trap backed up, water was forced up through my kitchen sink and into the unit. I was out of town at the time, and by my return there was a significant amount of water, slime and mold in the unit. The amelioration bill was $2,300. My insurer covers everything except this, and the condo board refuses to file a claim with the association’s insurer. Also, this happened before to the previous owner of my unit, and to other first floor units. Doesn’t the association have the responsibility to file a claim rather than deny responsibility? The condo is in Illinois.

Mister Condo replies:

K.K., they don’t necessarily have to file a claim but they are likely still responsible for the damage seeing as it was caused by a common element. Your homeowner’s insurance is always your first line of defense and it looks like they paid for the worst of the damage. If your association is refusing to file a claim or pay for the amelioration, it may be time to seek the advice of an attorney. Personally, I would file a suit (most likely Small Claims although I don’t know what your local laws dictate for a $2300 claim). If the association doesn’t want to file a claim, they don’t have to. However, if they are liable, they still have to make you whole. I am sure finding your condo water damaged was stressful enough. Getting the association to pay for the amelioration shouldn’t be. Good luck!

Condo Board Installs Fence; Damages Unit Owner Patio

G.M. from outside of Connecticut writes:

Dear Mister Condo,

My condo board just put in all new fencing in the back of the units & between our attached neighbors. In doing so, they removed the retainer wall for my patio pavers. When asked why, they said that it was going to be too close to the new fencing. Fencing is done and there is now a big gap between my patio & the fence (so they were wrong). The pavers are now separating because of the rain and they are refusing to put it back. The President of the Board is my direct neighbor. He “volunteered” to help us put it back. We refused on principal. Why should we have to do anything? They caused the damage they should repair it. Am I correct in my thinking? I have spoken to a lawyer, who agrees with us. But I would like for this to be resolved without having to go that route. I don’t understand WHY they won’t just do the repairs. What are your thoughts?

Mister Condo replies:

G.M., I am sorry for your patio problem although I cannot say it is too surprising to learn that the removal of a retainer wall has made for a problem. That is exactly what retainer walls are for. The real question here is who owned the retaining wall? Unless it was actually a part of your unit, it is likely the property of the association. That doesn’t necessarily mean they should have removed it or left if removed once the fencing project was complete but it may make for an interesting case if you decide to take your attorney’s advice to go after the association to make the repair. Keep in mind that you aren’t going to be the only one with an attorney and the association’s attorney will likely argue that the retaining wall was owned by the association and they had every right to remove it. Your attorney will counter with the fact that the removal damaged your patio (again, built on association property). My opinion is that you very likely should have taken the President up on his offer to help you rebuild the retaining wall. At the very least, you might have offered to pay for the contractor to do the job if keeping your patio intact is important to you. If you prefer to stand on the ground that you are right and the association is wrong, you have every right to do so but I foresee a long and protracted battle while your patio crumbles. Always look for a “win/win” situation. Legal solutions are costly and can take a very long time. The time and money would be better spent hiring a contractor to repair the wall, especially since the Board President seems to be on your side. All the best!

Disaster Floods Condo; Association Refuses to Remediate Resultant Mold

C.D. from outside of Connecticut writes:

Dear Mister Condo,

My niece owns an upstairs condo unit.  Recently, the bottom unit was flooded by rain to the point of 6′ high.  The area has been declared a national disaster area and FEMA is processing claims.  My niece’s unit has mold growing up her walls and her floor is buckling due to the flood.  The owner of the downstairs unit started working to rid his unit of mold, mildew, etc. but stopped for some unknown reason.  FEMA has told my niece that her unit is a health hazard and needs to be vacated immediately. Here’s the kicker:  They tell her they cannot help her as had the downstairs owner took care of his condo, her condo wouldn’t have felt any effects of the flood.  What say you?

Mister Condo replies:

C.D., I am truly sorry your niece’s condo unit was flooded and damaged. Unfortunately, it would appear we live in a time of escalating natural disasters and many condos around the country have been impacted this past year. How a community association or HOA responds to these disasters can be just as damaging as the disasters themselves. Clearly, your niece has suffered a catastrophic loss here and it sounds like the HOA isn’t doing right by her. This could be because they aren’t familiar with how they should handle this disaster or they may not know where to turn to get the money to make the repairs or there may just be confusion caused by insurance companies or poorly written condo docs. It may be that the downstairs neighbor is also to blame and may be sued as well as part of the money recovery efforts. Whatever the reason, my next call would be to my attorney as this doesn’t look like it will be settled by simply asking the association to make the repairs. Also, if your niece has adequate homeowners’ insurance, she might be eligible for housing costs while the repairs are made. Clearly, she should not reside in a mold-infested unit. This is going to take a while to sort out but I am sure she will get the problem addressed once legal action is taken. Good luck!

Condo Owner Modifies Condo Interior Without Board Approval

H.R. from outside of Connecticut writes:

Dear Mister Condo,

Our Small condominium, AKA condex, has one and two bedroom units. A new Unit owner has made changes to their unit without seeking the required permission from the board. The seller notified the association of a new rug to be put in. This was approved. Unfortunately, the new owner took out the old carpeting and put in hardwood floors and added additional rooms to a one bedroom unit. They are currently occupying the space as a non-approved three-bedroom unit. They are also paying the condo fee at a one bedroom rate. What is the most effective way to restore the unit to a carpeted one bedroom?

Mister Condo replies:

H.R., while it would be nice for the unit owner who has broken the rules of the association to simply restore the unit to its previous condition and live in the unit as was agreed to in the by-laws of the association, it is very likely time for the association to hire an attorney and sue the owner to make the necessary changes. Clearly, this unit owner has neither read nor lived up to the expectation and requirements as set out in the governing documents. Fortunately for the association, this is a legal document that gives the association fairly broad powers in forcing compliance. Obviously, the first step is to ask nicely that the new owner adhere to the by-laws and restore the unit to its previous condition. However, if nice doesn’t work, there is always the legal option of suing the owner and forcing compliance. I hope it goes smoothly for the association. This could be a long and costly legal battle if it doesn’t. Good luck!

Common Fees Continue After Condo Unit Fire Damage

E.J. from outside of Connecticut writes:

Dear Mister Condo,

We recently purchased a foreclosed unit. Just prior to the foreclosure being finalized the unit was badly damaged in a fire, originating from the unit below. There is damage to our unit which is being repaired. Am I correct in assuming that the condo fees will abate until the unit is habitable?

Mister Condo replies:

E.J., I am sorry to say that you are not correct. I am sorry that you have suffered a loss in the form of fire damage but that is what insurance is for. Common fees continue unless the Board has decided it will not rebuild the unit (unusual). Your common fees pay for far more than just your unit. All of the common grounds are maintained, reserve funds are built, and all of the day-to-day expenses of property management and maintenance continue. Your common fees are part of the pooled common fees that pay for all of these expenses. Should you elect not to pay them, the association is then forced to pursue you for collection, up to and including, foreclosure on your property. You certainly don’t want that to happen. You should continue to pay your common fees and encourage the association to get your unit in good working order as quickly as possible. Good luck!