Condominium Damage Financial Governance Legal

Sinking Floor Troubles Condo Owner

D.G. from outside of Connecticut writes:

Dear Mister Condo,

If I hire a structure engineer to do a report and it is in fact the association to cover damage of sinking floor will the association have to pay me back for the cost of the report?

Mister Condo replies:

D.G., I am sorry you find yourself with a sinking floor. I assume you have asked the association to make the repair and they are claiming that it is not their responsibility so you now find yourself needing to take further action to get rid of the sinking floor. If you expect the association to pay for anything – the cost of the report, the damage caused, and, ultimately, the actual repair, you will very likely need to sue the association. I am not an attorney and offer no legal advice here but my friendly advice would be for you to speak with a competent local attorney and see what your rights are. Since the association has already refused to make the repair and you will likely be suing them, I don’t see why you couldn’t include the cost of the report in your suit. However, if you are unsuccessful in your lawsuit, you might not be able to recover any money, including the cost of the engineering report. Speak with an attorney first and then follow the advice on how to proceed. I sure hope you get your sinking floor repaired one way or another. Good luck! 

2 thoughts on “Sinking Floor Troubles Condo Owner”

  1. Sometimes Boards do reimburse owners for issues that are found to be the HOAs responsibility without attorney involvement. I have seen it many times in my career. The best option is to send the Board a request for reimbursement citing the portion of the CC&RS that you believe applies to the reason why the HOA is responsible. Then let the Board decide prior to engaging legal services. It can work sometimes especially where common plumbing is involved. Best of luck!

  2. Alternatively you could make a claim with your Condo Homeowner Policy and have them work with the HOA insurance to determine who is responsible for costs. Just a thought.

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