Tag Archives: Damage

Leaking Condo Foundation Responsibility

S.B. from outside of Connecticut writes:

Dear Mister Condo,

Who is responsible for a leaking foundation?

Mister Condo replies:

S.B., unless your documents specify who owns the foundation, that could be a point of contention between the unit owner and the association. Typically, the foundation is owned by the association, but not always, so check your documents and see if it is listed as an association asset. The next question is going to be what caused the leak and how should it be remedied. Sump pumps are common solutions and then, of course, comes the question of who install, owns, maintains, and pays for the cost of operating the sump pump. Get ready for some pushback from the Board as they generally do not like to obligate the association to a new expense but if it is the problem is their responsibility, so is the solution. Good luck!

Condo Board Members Attribute Storm Damage to Unit Owner’s Son

S.J. from outside of Connecticut writes:

Dear Mister Condo,

Today I received an email from our property manager company stating that I was going to be assessed fees for repairs to the siding on our building. Attached was a picture of my 19-year-old son standing outside with a lacrosse stick. The claim was that my son had damaged the siding. My son did not damage the siding and the claim is completely unwarranted.

Two years ago, we had storm damage to many of our units and the old property management sent out notices to co-owners that repairs were being made. At this time, our board decided to change management companies and the repairs to our unit were never made.

I was able to obtain the original incomplete work order from the old company as proof that my son did not damage the siding. My concern is will they be able to charge me for this and what is the best way to handle the inappropriateness of a board member taking pictures and claiming something that is not true.

Mister Condo replies:

S.J., I am sorry you find yourself having to do battle with your Board. Any unit owner, including a Board member, is allowed to make a claim of damage against another unit owner. They can even take photos when warranted. The Board is then charged with informing the unit owner (you) and offering you a chance to address the Board to present your defense, denial, or acceptance of the claim against you. Clearly, you are denying the claim and you have your own evidence to support your denial. After you make your counterclaim, the Board is free to do as it sees fit within the bounds of your governing documents. Can they deny your rebuttal and claim your son caused the damage? Yes. Can you then sue them for their actions? Yes, again. Let’s hope it doesn’t come to that and that cooler heads prevail. It seems only logical that since your building’s storm damage was never repaired that these repairs need to be made. The claim against your son is scurrilous at best but may be taken seriously be the Board. You may wish to speak to an attorney if they proceed to charge the repairs to you and you will likely prevail from what you have shared with me here. If there is a pattern of harassment from this one particular Board member that took the photo, you might just want to sue them as well. That should get their attention so they can focus on the more important job of repairing the storm damage to the building and not look to saddle individual homeowners with their responsibility. All the best!

Condo Roofers Damage Unit Owner’s Air Conditioner

R.G. from outside of Connecticut writes:

Dear Mister Condo,

In doing work on the roof of my mom’s large condominium, they needed to move the air conditioners and my 86-year-old mother is the only resident out of maybe 50 units whose A/C was damaged. The contractors admit that they dropped materials in it and said they had fixed it earlier in the week but today, Saturday, it won’t cool. It is set at 75 and remains at 80. Who is responsible and how can I best advocate for my mom? The management company calls the contractor and the contractor claims that it isn’t his fault, it’s the unit’s. The unit is over 10 years old… BUT IT WORKED BEFORE THEY MOVED IT AND DROPPED STUFF IN IT! I appreciate your help.

Mister Condo replies:

R.G., I am sorry that your mother’s air conditioner was damaged. Most states require that a damaged product like an air conditioner be replaced at the market value at the time the damage occurred. My guess is that a 10-year-old air conditioner isn’t worth too much, regardless of how well it worked before it was damaged. Clearly, the blame lies with the roofing contractors who moved and damaged the unit. However, the real question here is liability and cost of replacement. You can continue to complain to anyone who will listen but unless you can prove the value of the air conditioner to be significant. I am afraid your best bet will be to simply purchase a new air conditioner. I am sorry I don’t have better news for you. Good luck!

Movers Damage Condo Elevator; Tenant Being Held Responsible!

H.R. from Fairfield county writes:

Dear Mister Condo,

Hi! I rent a condo in a 3-floor building. I bought furniture and the delivery guys used the elevator and damaged a little bit inside of elevator. The manager made me go after them to pay to fix it, then they paid like $5000 but when somebody came to fix to change the panel on the wall said the panel are part of the whole wall and need change wall recalibrate elevator and the manager call me again asked me $13000 more to fix it or go after them again. All this start happened before my landlord lost the house with the bank so the manager sent him statements of elevator fees before now and somebody told me if he lost the house that problem is of the bank, the bank takes the condo with all debts? But now the board put that amount under my name. I am the tenant. And I told the condo manager that the rules said the landlord is responsible for any damage of the tenants and visitors of the tenants and she told me that rules change because of state but this happened a year ago when she recognized her condo rules. Help me please if she can make pay even the house is bank owner now is in process of foreclosure.

Mister Condo replies:

H.R., I am sorry for your problems and I am sorry I couldn’t get to your question sooner than now. I expect this problem to be resolved by now but, needless to say, since I am not an attorney, I offer no legal advice or remedies in this column. The association is going to go offer you, your landlord, the moving company, even the new bank holding the mortgage in an attempt to collect the money needed to repair the damaged elevator. It is hard to imagine a moving company doing so much damage to an elevator but that is a matter for the courts once the lawsuits get under way. Your question to me is whether or not you can be found responsible. My answer is that you caused the situation that lead to the damage and that may be enough to hold your partially responsible. My advice would be for you to hire an attorney if you are named in a lawsuit so that you can best protect your legal interests. The party with the most responsibility is the moving company, who it looks like has already paid $5000 ($5000!) for the damage they were initially accused of causing. They may be on the hook for the rest of the cost as well but that doesn’t mean you won’t be named if a lawsuit ensues if they refuse to pay. All the best!

Creepy Crawlies at the Condo!

T.P. from outside of Connecticut writes:

Dear Mister Condo,

Hello. I am a recent condo owner. I purchased a condo in August of last year. Upon getting things set up in the Condo, I would notice unusual bugs. After a while, I thought that this was too unusual. I have never lived anywhere and encountered the bugs that I saw. I also began to see centipedes. How very unusual in places on the carpet!!! I spoke with my neighbor across from me who also coincidently has the same issue. Upon both of are troubles, we have a damp like moisture smell and see creepy unusual bugs in our condo. We both believe it is from the crawlspace below us. I inform the association last week. She explains to me today; that she had it inspected and found nothing wrong with the crawlspace. She informs me the inspection was done about a week ago. I explain to her that I had my home improvement guy take a look at it this past Saturday; and he inform me that it is wet down in the crawlspace and that a pipe circulating from my laundry room connected to my furnace is dripping water. He also explains to me that bugs are down there. Upon all of this, that explains the earwigs, centipedes and even worms I have encountered in my condo. The condo advisor informed me that she will send the guy back down there to inspect but from this point, I do not believe I am going to get the results I am looking for. It is clear to me that the person the condo advisor sent is either not doing his job efficiently or I hate to say it: A Untrue full Person. My neighbor and I want them to fix the problem. Unfortunately, my neighbor has been dealing with this some years and never got anyone at the time to handle the problem. I am afraid that the condo advisor may come back with the same response: NOTHING IS WRONG. What step can I take to resolve this problem? Unfortunately, I am not authorized to get it fixed myself because it is in a crawlspace. I contacted a few contractors who needed authorization from the condo advisor and the problem with that; they just want to use their own people which are not trustworthy to me. Please help.

Mister Condo replies:

T.P., I am sorry for you and your neighbor’s problems. Infestation of any kind are dangerous, disgusting, and obviously, ruin your condo living experience. I think you are on the right track to having the creepy crawler eliminated, even if the condo advisor turns out to be fully incompetent as you and your neighbor are not going to go away without getting the proper results, which is the removal of the insects and, of course, the repair of the water line that allowed for the infestation and mold problem. Keep on top of the property manager to make sure the work gets done. If it isn’t done to your satisfaction, you simply bring suit against the association. You may need an attorney to assist you but it will be well worth it to go back to enjoying your unit. Hopefully, the infestation can be easily remedied once the leaky pipe is repaired. Good luck!

Failed Condo Water Heater Creates Question of Responsibility

M.A. from New Haven writes:

Dear Mister Condo,

My hot water heater leaked into the condo below me. I had the heater replaced. Am I responsible for the damage caused to the ceiling of the downstairs condo unit?

Mister Condo replies:

M.A., I am sorry for you and your downstairs neighbor’s damage and problems. Whether or not you are responsible depends on a few things. If your association provides and enforce maintenance standards for common wear items like water heaters and you didn’t violate those standards, then the association may have insurance to help cover the cost of your neighbor’s damage. Your neighbor should have his or her own homeowner’s insurance policy which should cover some of the damage, less a deductible, that could be passed on to you or the association. Your own homeowner’s insurance may offer you some coverage against these costs as well. If you didn’t follow any published maintenance standard for replacing your water heater (typically every seven years or so) then you may be on the hook for the damage. I am not sure what you have been asked to pay but make sure all of the players involved have checked with their own insurers before you start parting with any cash. If it turns out you are being asked to pay money that you do not agree with, you may wish to speak to an attorney who can tell you what your legal responsibilities are. Good luck!

Unwanted Wildlife in the Condo Attic!

E.B. from Tolland county writes:

Dear Mister Condo,

I live in a free-standing 55 and over condo unit and think we may have birds, mice or bats in our attic. For the past 5 or 6 weeks, my cats have been constantly looking at the ceiling, both from the floor and from the tops of furniture. I’ve visually checked the attic by standing on a ladder placed through the access panel on 3 occasions but have not seen anything. I also threw moth balls around but that hasn’t seemed to help. I haven’t crawled around to check more closely such as around the perimeter and under the insulation but at 73 years old, I don’t think it would be very safe to do so. I would like to have a professional check it out and would like to know if it’s my responsibility or the association’s responsibility to do so.

Mister Condo replies:

E.B., I am sorry you have unwanted visitors in your attic. My primary question to you is: who owns the attic? If it is your attic and not connected to your neighbors’ attics as well, it might be you. However, it is not uncommon for the association to own the roof and the attic, which would make the wildlife removal their responsibility. You really need to look at your condo’s governance documents to see who owns the attic. The attic owner is the responsible party and should take immediate steps to remove the creatures. In addition to the noise annoyance, there is a very real danger from animal droppings creating toxic mold. Best to get these critters removed as soon as possible, Good luck!

Condo Roof Leak Creates Insurance Mess for Unit Owner

G.G. from outside of Connecticut writes:

Dear Mister Condo,

Our condo roof is over 20 years old (I believe 23 years). Was already patched once when we first started getting water two weeks ago. With more rain it has begun to leak into the ceiling and wall in our kitchen/dining area (shared with a neighbor who currently isn’t having any water issues). The ceiling drywall was so saturated it began pouring into our unit through the seams of the drywall. We tore out the drywall. Damage appears to be very extensive. Our association doesn’t want to file a claim with their insurance. They called roofers (for the second time) to come patch the flat roof over the area. We called contractors for water damage out for an estimate. Who is going to pay for all of the damage? As of now it looks as though the wall behind our cabinets is damaged, cabinets are wet, and the subroof is also saturated and water is still pouring in. Since this wasn’t caused by a storm or anything we did as the unit owner, does that make the building/association liable?

Mister Condo replies:

G.G., I am sorry for your troubles. Water intrusion is a nasty, messy situation that requires professional help to remedy. Typically, your insurance would pay for the damage done to the interior of your unit. In fact, your insurer may be the ones who go after the Board to help pay for the damage, especially if it was caused by negligence to maintain. The Board is not under any obligation to submit an insurance claim. However, that does not free them from the responsibility of repairing the roof (which they did) and the possible claim against them for the damage caused to your unit. My best advice to you is to work with your insurer to collect as much money as possible to cover your loss. You might also want to involve an attorney to see what other legal rights or claims you may have against the association. My guess is that this might take some time to remedy but you will get your damage repaired without too much more than your deductible as an out of pocket expense. Good luck!

Who’s Responsible for Noisy Condo Air Conditioner in Newer Condo?

E.H. from outside of Connecticut writes:

Dear Mister Condo,

I purchased a new condo in 2014. The HVAC unit is situated above my condo. Recently, the unit vibrated and produced a pounding sound such that I thought that there was a rock band playing on the roof! This pounding went on for four days. The vendor indicated that this vibration was caused by twin compressors that exchanged power from one to the other during the summer season to ensure that the HVAC system functions properly. This did not occur last summer. Because I was not told about this occurring when I purchased the condo, does it appear that I have any leeway in pursuing this issue with the builder.

Mister Condo replies:

E.H., I am not an attorney so I cannot offer any legal advice here. I am sorry for your problem but I am doubtful that you will have any success in pursuing this issue with the builder. Have you looked at the warranty for the air conditioner? Chances are that it is already out of warranty but you should still check. Next up is looking at solutions to the sound problem. You may need to have an HVAC engineer make suggestions and you may need the Board’s approval to implement any changes that will change the exterior appearance of the unit. Are you the only unit owner with this problem? If others are experiencing the same issue, it might make sense to coordinate the repairs / replacement of these noisy units. HVAC, like many technologies, advances at a rapid rate. Your 4 year-old unit may have a smaller, quitter, more efficient replacement that might just save you and other unit owners money for years to come. Good luck!

Neglected Condo Roof is Only the Tip of This Problem

M.L. from Massachusetts writes:

Dear Mister Condo,

I’m in a condo association of two just outside Boston. We split common expenses 60(upstairs)/40(me). We need a new roof and upstairs neighbors are stalling and finally admitted they don’t have the money. This repair is long overdue and I am concerned that deferring could lead to damage. What are my options?

Mister Condo replies:

M.L., I am sorry for your problem. 2-unit condos like yours can be the perfect arrangement for some and a horror show for others. Your situation, I am afraid, is a bit of a horror show. I am not a lawyer and offer no legal advice here. However, I suggest you speak with an attorney from your area to see what other legal remedies you might have available to you. Your only real option, in my opinion, is to sue the other owner. But that won’t necessarily solve your problem seeing as you already know they don’t have the money. The truth is they can’t afford to live in this condo since they can’t shoulder the financial burden of doing so. In my opinion, your best bet is to sell and leave this problem to someone else. If you wish to fight the good fight and stay, you can either live with the problem roof or you can begin a lawsuit that will likely end in them losing their home through foreclosure and might still not get you the new roof you need. That is a very ugly, complicated, and nightmarish way to live for the next year or two that this would take to unfold. If it were me, I’d put my unit up for sale and spend my time and energy elsewhere. Good luck!