M.J. from New Haven County writes:
Dear Mister Condo,
An owner has damaged a common area at our condo. Our 45 year-old building has storm shutters owned and maintained by the owners of each unit. Doing exterior common area maintenance it’s been found that the lintels on a few units have been damaged due to the attachment hardware. Those owners are suing for the association to pay for the repairs, claiming weather related damage. The Board has photos as proof of loose, rusted and missing mounting bolts. Our condo documents and State Statutes say the owners are at fault. What do you think?
Mister Condo replies:
M.J., once the word lawsuit is used I need to back off from giving you friendly advice and instruct you to hire an attorney who is verse in community association law. My guess is your association has a long-standing relationship with a qualified attorney who can give you solid legal advice so the association can defend against the lawsuit from the owners.
Since you have stated that you are certain that your condo documents state the responsibility as that of the owners and that you have photographic evidence to back up your claim that they were neglectful of their maintenance responsibilities, I would think the association will prevail in court. However, I am not an attorney nor do I know the exact nature of the lawsuit that is being brought against the association. That is why I strongly encourage you to speak with the appropriate counsel at once if you have not already done so. Good luck!