Tag Archives: Damage

Board Dragging Heels on Simple Repair Project

K.W. from outside of Connecticut writes:

Dear Mister Condo,

Condo association has accepted responsibility to fix a pipe in a carport roof that freezes in low temperatures. It paid an engineer to recommend a fix. However, it has failed for 2 years to initiate a repair and will not give me the engineer’s report. My attorney has demanded action but has received no response. What can I do?

Mister Condo replies:

K.W., I think you are already doing all you can do. You have hired an attorney who will look out for your best interest in this matter. Since the association has acknowledged ownership of the problem, there really isn’t too much else you can do. Any idea what the delay is? Is it an expensive repair? My guess is they are just going to wrap the pipe in insulation and try not to make it too unsightly. Unless there is more to this story, I am not sure why it is taking them two years to handle this simple matter. Keep on top of your attorney and the Board to make sure the project gets done. Other than that, follow your attorney’s advice. Good luck!

Condo Board Passes Along Leak Inspection Fee to Unit Owner

J.B. from outside of Connecticut writes:

Dear Mister Condo,

The unit below our condo reported a ceiling leak to the HOA maintenance. The maintenance personnel looked at the leak, performed a moisture test, then asked to go into our unit. He identified our kitchen faucet as leaking and told us to fix it. We replaced the leaking faucet. The HOA then sent us a $90 bill for his “investigation services”. Are we responsible for his service?

Mister Condo replies:

J.B., most likely, yes. Your unit was found liable. It is not uncommon for the association to pass along expenses they incur that are attributable to a particular unit. On the upside, $90 isn’t very much money compared to the thousands of dollars that such a leak could have caused. I would pay the $90 and be thankful the leak didn’t cause more damage. Good luck!

Condo Owner Flooded Twice by Vacant Unit Above

D.B. from outside of Connecticut writes:

Dear Mister Condo,

Our 2-level condo was flooded last week for the second time in 17 months by a bank-owned unit above ours. The first time the above unit was unfinished and not winterized; a pipe burst, flooded us below and we were out 47 days for repair. This time the bank owner’s subcontractor broke a sprinkler head, resulting in more damage than last time. What is our legal status with owner and with subcontractor? Settlement? Lawsuit? Other remedies? It will be repaired but we will be out an indefinite time.

Mister Condo replies:

D.B., I am so sorry for the double whammy you have experienced. I can’t even imagine the heartache and inconvenience these back-to-back disasters have caused you. Unfortunately, the nature of having units stacked on top of each other creates the possibility for exactly the types of problems you have experienced. The good news is that insurance covers most of the loss. The bad news is that lawsuits are typically only used for your “out-of-pocket” expense. They rarely cover paying you back for your inconvenience and time. I don’t think I see the basis for a lawsuit or settlement based on what you have shared with me. However, I am not an attorney so I offer no legal advice in this column. If you think you are entitled to damages above and beyond what has been offered, you should seek the advice of a local attorney who can best guide you. I wish you dryness and a comfortable living space moving forward. Good luck!

Rats in the Condo Attic; Rats on the Condo Board!

J.S. from California writes:

Dear Mister Condo,

I live in a 100+ unit condominium development in California. My question is whether the current board is under any obligation to correct mistakes made by a past board? Specifically, a past board denied my request to do work clearly in the common area as defined in our CC & R’s. That area is the attic above our unit where there was significant rat infestation. The board authorized the pest control company that we have on annual contract to close out all the openings allowing the rats into the attic and to remove all dead rats and rat traps. The board refused to remove the fouled attic insulation, clean the attic and replace the insulation. The local county Vector Control District recommended the clean-up and insulation replacement to protect us and our downstairs neighbor (there is a fresh air make-up duct to her unit from our attic) from possible contamination of virus, etc.. Our general contractor (we were having a lot of remodeling done including plumbing, electric and HVAC all of which required workers in the attic space) refused to begin the remodeling until the attic was properly cleaned to protect his workers. After finding out much more about the past boards’ and current boards’ position on repairing damage in units (they have been paying to restore, repair, replace damaged items from water leaks even if those items are in the “unit” and not contained in the common area, an act specifically against rules in our CC & R’s) I resubmitted a request reimbursement for the cost to clean out the attic and replace the insulation which I had done at my cost after the past board had denied the request to pay for the work. The current board is waffling on whether to reimburse me or not fearing that they should not open a can of worms and reverse a previous board. Doesn’t the fact that we are a California corporation require the current board to correct a past board’s mistake when that mistake is brought to their attention? Doesn’t the corporate responsibility to act in accordance with the CC & R’s continue regardless of which board is in place? Thank you.

Mister Condo replies:

J.S., I am sorry for all of your problems. Rat infestations and the resulting potential for hazardous conditions is no laughing matter and the failure of the previous boards to take corrective action is appalling. However, the sins of the father are not necessarily vested upon the son in the form of the current Board. You should have sued the association for not taking the proper action back when the infestation and resulting damage was going on. You were not authorized by the Board to pay for the attic cleaning and insulation replacement. In fact, since you do not own that space, you really shouldn’t have done that. That being said, I would have done the same thing under those conditions rather than risk my own health due to an incompetent Board. So where does that leave you now? Obviously, the good news is that you have remediated the damage and are living in a healthy environment. You have asked the Board to reimburse you for the work and while I agree with you that they should, they are correct in that it sets a dangerous precedent of having unit owners handle repairs that the Board is responsible for and then obligating the Board to reimburse the unit owner for the work. Quite simply, that is not how things work in a condo. When common elements are damaged, the association needs to make the repair, putting them in control of hiring the contractor, negotiating terms, etc. You usurped that process when you took care of the problem on your own. Had a previous Board authorized your action, then it would be as simple as you submitting your receipts for reimbursement. Instead of asking permission, you now need to beg forgiveness. The Board is under no obligation that I am aware of to pay you back so ask politely. If the dollar amount is large enough, you might wish to speak to an attorney to see if it is worth pursuing. Otherwise, see what the Board does, hope for the best, and be happy that you have a rodent and disease-free living space. All the best!

Unit Owner Pissed Off at Condo Board Over Dog Urine Remediation

K.R. from Fairfield County writes:

Dear Mister Condo,

I just purchased a unit that was a short sale. It had visible dog urine damage. The board was aware of this unit’s condition. After removing the carpeting and padding there is wet sub floor and wet framing from the dog urine. I am replacing the sub floor and some insulation as the dog urine seeped through the abutting sub floor and caused damage to some of the insulation as well. I received a note from one of the board members saying I need their permission to do any work in my unit. I read my bylaws and I own the subfloor. Why would I need permission to replace the sub floor or even update my kitchen cabinets? Does the board really have this much control over my home? What about my quiet enjoyment? What does CIOA have to say about this situation? Thank you for your anticipated response.

Mister Condo replies:

K.R., I am sorry for all of your problems. I hope you have been able to fully remediate the issue and get your unit in a livable condition. As to your interaction with the Board regarding repair and restitution work, I have a few thoughts to share. The ownership of the subfloor is not in question; it’s yours. Most associations require unit owners to inform them of any modifications to their units (including restoration) and for good reason. For starters, you may have contractors coming on to the property. These folks need to be licensed and insured and you may need to provide proof of same to the association. Second, depending on the nature of the repairs and/or upgrades, the Board has to make sure you aren’t working on any supporting walls or structures. Finally, if the association’s insurance policy is “all in” coverage, any upgrades you made need to be reported to the insurance company so they are covered. CIOA doesn’t come in to play with any of these issues as far as I know. Living in a community association means playing by the rules. My guess is once you have finished this project, you won’t have anything further to report or ask permission of the Board. All the best!

Who Pays to Repair Condo Vandalism?

M.N. from outside of Connecticut writes:

Dear Mister Condo,

I serve on the board and had my property vandalized who’s responsible, me or the Condo?

Mister Condo replies:

M.N., I am sorry you had your property vandalized. Regardless of your position on the Board, if a crime has been committed against your own personal property, it would typically be your responsibility to repair it and, hopefully, your insurance would cover the damage. If association property were damaged, then it is the association’s responsibility to repair the damage. Whatever the damage, I hope you contacted the police. Vandalism is a crime. The Board isn’t the Police Department. The Board governs and enforces the covenants of the association; the local police handle criminal matters. Good luck!

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!