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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 4726
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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My condo association is assessing @25.00 day for parking on

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My condo association is assessing @25.00 day for parking on the street. The situation is that water was coming into the house due to a problem on the outside of the building which the responsibility lies on their side. We had to put belongings in the garage to account for this and had to park one car on the street. We had correspondence back and for regarding this. I sent them a letter and a picture showing that the floor is not completely dry and I never heard back from them. Now it is 2 months later and they are sending me a bill for $1275. At the time of the water damage they sent someone out to seal the area and paint, but didn't dry the floor out. The floor is not completely dry to this day. They never sent anyone with a fan or anything to help dry the floor out. They never responded to my letter regarding the wet floor. Do I have to pay this and if so, can I spread it out over time. Can they put the building up for sale for this amount? Thank you
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Irwin Law replied 1 year ago.

Hello. I am sorry to hear that you are having this problem. If the basement floor hasn't dried in two months then they didn't correct the water problem. They cannot win a court case against you to collect that fine if they are in the wrong, which has forced you to park in the street. You might need the assistance of an attorney to prove your defense using expert testimony to establish what is wrong and what the association should have done to fix it.

I hope this information is helpful and that you will enter a positive rating. I thank you for submitting your question to Pearl-Just Answer. We appreciate your business. If you need clarification or additional information, please send me a Reply and I will be happy to explain further. Please consult a local attorney to verify the accuracy of this information according to your state's laws.

Customer: replied 1 year ago.

Hello, I had ServPro do a moisture test on the area today and they are saying it is dry, but the floor is discolored. Is this water issue something I have to disclose if I sell the unit. Also, if I have a house inspection done prior to selling and it is clear, am I liable if something develops down the road within the wall. The reason I am asking this is because they only took plugs out of the wall to dry behind it and sprayed sporicide in these holes to help retard any mold growth. Also, they sprayed sporicide on the floor. They never removed the baseboards, just sprayed the floor under them.

Expert:  Irwin Law replied 1 year ago.
Hello again. Generally, problems that once existed, but have been repaired, i.e.fixed, do not have to be disclosed. A home inspection will not go behind walls and will disclose defective conditions such as water leaks only if they result in staining that can be seen. But if stains do occur, you cannot simply paint over them. You have to disclose the condition that is known to you.
I hope this information is helpful and that you will enter a positive rating. I thank you for submitting your question to Pearl-Just Answer. We appreciate your business. If you need clarification or additional information, please send me a Reply and I will be happy to explain further. Please consult a local attorney to verify the accuracy of this information according to your state's laws.
Customer: replied 1 year ago.

Hello, Now that the floor is dry and I was able to get my car off the street, I am still left with this assessment. Do I have any recourse if the handyman did not perform a moisture test himself to make sure the area was dry before assessing me this fine? He told me that he sanded the wall and was able to vacuum up the dust, therefore, it is dry. This was 2 months ago. If I am liable for this assessment, does this have to be paid all at once or can it be paid in increments? If in increments, can they charge me interest?


Thank you,

Expert:  Irwin Law replied 1 year ago.
You said that the floor stayed moist & damp for two months. That would indicate that it might have been dry back then but got moist again. The fine should be highly negotiable under the circumstances. Offer to split the difference. If they are not reasonable in that regard, you can tell them to file suit and let the judge decide what you should pay. Some judges do not look favorably on daily fines like that where no one is suffering any damages. I would appreciate a positive rating at this point and I hope this Answer is helpful. You should consult a local attorney to verify that this information is accurate for your state. Thank you for using Pearl.com- Just Answer. We appreciate your business.
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 4726
Experience: Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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