Board Condominium Damage Governance Legal Renting

Condo Landlord Concerned for Safety of Tenant Due to Water Intrusion and Mold

M.S. from North Carolina writes:

Dear Mister Condo,

I need some guidance. I have a tenant renting my condo. There have been a series of leaks into my unit due to leaks coming from the roof. There were three or four different leaks that my HOA repaired, as this is the HOA’s responsibility. I have documentation from emails and work orders placed with our community’s management company. I also have pictures and video of leaks coming into my unit from the tenant and pictures I have taken myself over a three now going into four-month period. There have been no more leaks to date and the HOA Board sent a ” handyman” to assess the damage to my unit. This handyman was told he needed to give a quote to The HOA Board to ” patch and paint”, needless to say this was not acceptable to me as the owner nor for my tenant. The handyman sent two quotes to the management company and HOA. The cost difference of the two were dramatically different. I have a copy of the quotes with all other documentation. I now have concerns due to the amount of time the HOA Board let the leaks continue into my unit and their refusal to do any repairs until now. My primary concern is the well-being and health of anyone in my unit and the cost of remediation and restoration. How do you suggest I proceed in order to get my unit restored to original condition and protect myself and tenant?

Mister Condo replies:

M.S., I am sorry for you and your tenant that you experienced damage and loss from water intrusion events. It happens quite often and how the Board and management company respond is different in every community. However, the governance documents of the association describe your rights and your local or state law may also have something to say on the matter. The fact that you have documentation is critical to you getting better results. Also, mold and mildew that can result from such a water intrusion event may not appear for quite some time. This can create a serious health problem for anyone residing in the unit should that happen. If the Board fails to take adequate action, you really only have one option and that is to talk to an attorney to see if you have a case against the association for failing to honor the condo docs with regards to proper upkeep and repair of the unit.

1 thought on “Condo Landlord Concerned for Safety of Tenant Due to Water Intrusion and Mold”

  1. You also have the option to file a claim under your insurance policy that will normally cover the structural damage but not your tenants contents or additional living expenses. If the tenants have a renters policy their policy would normally cover those items. Policy language does differ from state to state and your insurance agent would be the best person to contact and review your options. Your association also has a Master Policy with a higher deductible that can kick in with major events but again you CC&R’s will govern what that policy will cover.

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